From Casetext: Smarter Legal Research

BNB Constr. v. Nicon Constr

District Court of Appeal of Florida, Fourth District
Aug 20, 2009
13 So. 3d 1107 (Fla. Dist. Ct. App. 2009)

Summary

quashing an order sequestering funds deposited in four bank accounts because the funds deposited in the accounts had not remained "sufficiently identifiable"

Summary of this case from Ames v. Ames

Opinion

No. 4D09-1137.

July 15, 2009. Rehearing Denied August 20, 2009.

Petition for writ of certiorari to the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Cheryl J. Aleman, Judge; L.T. Case No. 08-12163(21).

Diane H. Tutt of Diane H. Tutt, P.A., Davie, for petitioners.

Edward J. Kuchinski of Sivyer Barlow Watson, P.A., Tampa, for respondent.


Petitioners, BNB Construction, Inc. and Brian A. Bent, seek review of an order that requires them to deposit funds from four bank accounts into the court registry. As petitioners were not parties to the litigation below when the order issued, we exercise certiorari review and grant the petition. The funds paid by Arch Insurance Company to Stonebridge Gardens, Section Two, Condominium Association, Inc. did not remain specifically identifiable in petitioners' various business and personal accounts to permit the relief granted. M.I. Indus. USA Inc. v. Attorneys' Title Ins. Fund, Inc., 6 So.3d 627 (Fla. 4th DCA 2009).

TAYLOR, HAZOURI and DAMOORGIAN, JJ., concur.


Summaries of

BNB Constr. v. Nicon Constr

District Court of Appeal of Florida, Fourth District
Aug 20, 2009
13 So. 3d 1107 (Fla. Dist. Ct. App. 2009)

quashing an order sequestering funds deposited in four bank accounts because the funds deposited in the accounts had not remained "sufficiently identifiable"

Summary of this case from Ames v. Ames

quashing an order sequestering funds deposited in four bank accounts because the funds deposited in the accounts had not remained “sufficiently identifiable”

Summary of this case from Stand Up for Animals, Inc. v. Monroe County
Case details for

BNB Constr. v. Nicon Constr

Case Details

Full title:BNB CONSTRUCTION, INC., and Brian A. Bent, Petitioners, v. NICON…

Court:District Court of Appeal of Florida, Fourth District

Date published: Aug 20, 2009

Citations

13 So. 3d 1107 (Fla. Dist. Ct. App. 2009)

Citing Cases

Stand Up for Animals, Inc. v. Monroe County

the subject of an injunction. M.I. Indus. USA Inc., 6 So.3d at 628–29; BNB Constr., Inc. v. Nicon Constr.,…

Ames v. Ames

Finkelstein v. Se. Bank, N.A., 490 So.2d 976, 983 (Fla. 4th DCA 1986). Because the res of a trust must be…