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Florida District Courts of Appeal, 1993

First Union National Bank of Florida v. Garcia

First Union National Bank of Florida v. Garcia
Florida District Courts of Appeal · Decided August 11, 1993 · Anstead, Klein, Owen, William
622 So. 2d 1126; 1993 Fla. App. LEXIS 8362; 1993 WL 302887 (Southern Reporter, Second Series)

First Union National Bank of Florida v. Garcia

Opinion of the Court

PER CURIAM.

This is an appeal from a final judgment entered against a garnishee. We agree that the trial court abused its discretion by denying the garnishee leave to amend its answer to include the competing claim of the receiver. See Florida Power & Light Co. v. Crabtree Const. Co., 283 So.2d 570 (Fla. 4th DCA 1973). The judgment is therefore reversed so that the claim of the receiver can be considered on its merits.

REVERSED.

ANSTEAD and KLEIN, JJ., and OWEN, WILLIAM C., Jr., Senior Judge, concur.

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