McCollister v. McCollister
McCollister v. McCollister
Opinion of the Court
Appellant, plaintiff in the trial court, secured a final judgment of divorce from the appellee, Lester C. McCollister, in December, 1967. Among other provisions of the final judgment, the chancellor awarded the plaintiff a one-half interest in “Swap Meet”; no further description of this enterprise was contained in the final judgment. Subsequently, the appellant instituted an independent suit which she entitled a Creditor’s Bill, alleging entry of the final judgment of divorce and seeking, in addition to relief in the nature of a creditor’s bill, certain other relief related to a certain license agreement which had been entered into in July, 1967 between Tropicaire Drive-In Theatre, Inc., and the appellee, Wilsey. It was the contention of the appellant that this license was an extension of the operation of “Swap Meet” and that she was entitled to a one-half interest therein. Following many hearings, the trial court ultimately entered a final summary judgment holding that the defendants were entitled to a judgment as a matter of law. This appeal ensued; we affirm.
First, the action could not be maintained as a creditor’s bill pursuant to the provisions of 68.05, Fla.Stat., F.S.A., nor as an action under § 56.29(6) (a), Fla.Stat., F.S.A. Second, there was no
Therefore, for the reasons above stated, the final summary judgment here under review be and the same is hereby affirmed.
Affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.