Florida District Courts of Appeal, 1999

Estate of Bain v. Bibolini

Florida District Courts of Appeal · Decided August 4, 1999 · Goderich, Nesbitt, Schwartz

737 So. 2d 1238; 1999 Fla. App. LEXIS 10420; 1999 WL 565096 (Southern Reporter, Second Series)

Opinion of the Court

PER CURIAM.

Because funds held in an escrow account maintained by the seller’s attorney for partial payment of a real estate commission were equitably owned by the broker to whom the commission was due,1 they were, contrary to the ruling below, not subject to garnishment by a judgment creditor of the seller. Ginsberg v. Goldstein, 404 So.2d 1098 (Fla. 3d DCA 1981). Hence the judgment below is reversed with directions to order the funds paid to the appellant.

. See Estate of Bain v. Morales, 606 So.2d 1277 (Fla. 3d DCA 1992); Estate of Bain v. Gateway Group, Inc., 605 So.2d 167 (Fla. 3d DCA 1992); see also Estate of Bain v. Bibolini, 711 So.2d 92 (Fla. 3d DCA 1998).

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