Florida District Courts of Appeal, 1980

Republic National Bank of Miami v. Sartain

Republic National Bank of Miami v. Sartain
Florida District Courts of Appeal · Decided June 10, 1980 · Barkdull, Hubbart, Schwartz
384 So. 2d 271; 1980 Fla. App. LEXIS 16884 (Southern Reporter, Second Series)

Republic National Bank of Miami v. Sartain

Opinion of the Court

PER CURIAM.

The final judgment on garnishment under review is affirmed upon a holding1 that: (a) the trial court had personal jurisdiction over the garnishee [United Postal Savings Association] as said garnishee filed an answer to the writ of garnishment herein directed to the merits of said writ, and, consequently, made a general appearance in the cause; McKelvey v. McKelvey, 323 So.2d 651, 653 (Fla. 3d DCA 1976); 13 Fla. Jur.2d “Creditors’ Rights” § 63 (1979); and (b) the garnishors’ [Ernest and Carmen Sar-tain] failure to file a traverse had no legal consequence in this cause. See Florida Steel Corp. v. A. G. Spanos Enterprises, Inc., 332 So.2d 663 (Fla. 2d DCA 1976); §§ 77.06(3), 77.061, Fla.Stat. (1979).

Affirmed.

. We assume without deciding that the appellant Republic National Bank has standing to raise the points urged on appeal.

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