Florida District Courts of Appeal, 1977

Pittsburgh National Bank v. Hughes

Pittsburgh National Bank v. Hughes
Florida District Courts of Appeal · Decided May 2, 1977 · Boyer, Jopling, Mills, Wallace
345 So. 2d 387; 1977 Fla. App. LEXIS 15819 (Southern Reporter, Second Series)

Pittsburgh National Bank v. Hughes

Opinion of the Court

PER CURIAM.

Upon considering the briefs, the record and oral argument, we find no reversible error.

*388Accordingly, the judgment is affirmed. Upon payment of the judgment dated 18 February 1976, appellee shall not only satisfy this judgment but shall also satisfy that judgment dated 27 March 1973 which was subsequently assigned by Ormond Beach First National Bank to appellee.

MILLS, J., and JOPLING, WALLACE M., Associate Judge, concur. BOYER, C. J., dissents.

Dissenting Opinion

BOYER, Chief Judge,

dissenting.

I would reverse. Two separate and distinct judgments have been rendered against the same parties on the same debt. Notwithstanding any recitation by this Court in its opinion to the contrary, in the event either of said judgments have been assigned to a person not a party to this suit there is nothing that we can say in this suit which will assure that the payment of one judgment satisfies the other.

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