PAYTON v. SWANSON

No. 65-144.

175 So.2d 48 (1965)

Ray PAYTON, Appellant, v. A.C. SWANSON, Appellee.

District Court of Appeal of Florida. Third District.

Rehearing Denied June 7, 1965.


Attorney(s) appearing for the Case

Klein, Tannenbaum, & McGovern, Miami, for appellant.

David D. Phillips and Herbert Friesner, Miami, for appellee.

Before TILLMAN PEARSON, CARROLL and HENDRY, JJ.


HENDRY, Judge.

Appellant-defendant prosecutes this interlocutory appeal from an order denying his motion to dismiss for lack of jurisdiction.

Plaintiff-appellee, a non-resident of Florida, filed a complaint styled "Complaint In Action Ex Contractu", joining appellant Ray Payton, a non-resident, as principal defendant and the Five Points National Bank of Miami, as garnishee. Plaintiff then served the bank with a Writ of Garnishment. The suit was quasi in rem...

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