SIRMONS v. ARNOLD LUMBER COMPANY

No. 4106.

167 So.2d 588 (1964)

B.H. SIRMONS, Appellant, v. ARNOLD LUMBER COMPANY, a corporation, Appellee.

District Court of Appeal of Florida. Second District.

Rehearing Denied October 9, 1964.


Attorney(s) appearing for the Case

Linney & McNevin, St. Petersburg, for appellant.

Askew & Beckett, St. Petersburg, for appellee.


BARNS, PAUL D., Associate Judge.

An execution on a judgment in favor of Arnold Lumber Company, the appellee, against Sirmons Supply Company, Inc., having been returned nulla bona, "Arnold" instituted supplemental proceedings against B.H. Sirmons, the president of the "Supply Company," as a consequence of which the court held that the execution could be satisfied out of the personal assets of B.H. Sirmons, whereupon Sirmons appealed. We find error and reverse.

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