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HOTEL 71 MEZZ LENDER, LLC v. TUTT

No. 3D10-489.

66 So.3d 1051 (2011)

HOTEL 71 MEZZ LENDER, LLC, Appellant, v. Walter V. TUTT and Donald J. Purdy, Appellee.

District Court of Appeal of Florida, Third District.

August 3, 2011.

Attorney(s) appearing for the Case

Lee B. Gartner , for appellant.

Siegfried, Rivera, Lerner, De La Torre & Sobel, and H. Hugh McConnell , for appellee.

Before RAMIREZ, and SALTER, JJ., and SCHWARTZ, Senior Judge.

RAMIREZ, J.

Hotel 71 Mezz Lender, LLC appeals the final summary judgment entered in favor of the garnishee. We reverse the summary judgment and remand to the trial court for further proceedings because the trial court erred when it entered summary judgment in favor of the garnishee when the garnishee had not moved for summary judgment.

Plaintiff/judgment creditor Hotel 71 is a Delaware limited liability company located in New York, New York. Guy Mitchell and...

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