Schmitt v. Boyle
Cases that cite this one
1 later published case cites this decision.
- Boyle v. Schmitt (Fla. Dist. Ct. App. 1992)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
Smith, as personal representative of the estate of Blanche Boyle, appeals from a nonfinal order denying a motion for garnishment and injunctive relief. We hold that the funds used to post the supersedeas bond are not garnishable while in the depository of the court. See Leatherman v. Gimourginas, 192 So.2d 301 (Fla. 3d DCA 1966) (funds in custodia legis are not gar-nishable).
Accordingly, we affirm without prejudice and remand with directions that, upon proper application for return of the bond, the trial court should specify when the funds are to be released and notify all parties involved of that fact.
Affirmed and remanded with directions.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.