MARVIN MITCHELL STUDIO, INC. v. AL R. McFADYEN ASSOC., INC.

No. 69-264.

229 So.2d 608 (1969)

MARVIN MITCHELL STUDIO, INC., Appellant, v. AL R. McFADYEN ASSOCIATES, INC., Appellee.

District Court of Appeal of Florida. Second District.

December 17, 1969.


Attorney(s) appearing for the Case

Bernstein, Sherr & Cummer, Sarasota, for appellant.

Warren McMullen of Dart, Bell & Dickinson, Sarasota, for Ross E. Boyer, Sheriff of Sarasota County.


LILES, Judge.

Certain chattels were levied upon for the purpose of sale to satisfy appellant's judgment against appellee McFadyen. McFadyen then regained possession of the property with a forthcoming bond issued pursuant to Section 56.12, Fla. Stat., F.S.A. The issuance of the bond was conditioned upon appellee's "have[ing] said property forthcoming at the courthouse" in Sarasota County on the day of the sale.

Appellant herein appeals from an interlocutory...

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