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CARRATT v. HUMPHREYS

Nos. 72-1048, 72-1049.

279 So.2d 895 (1973)

Harry G. CARRATT, Executor of the Estate of Adrian Clyde Humphreys, Jr., Deceased, Appellant, v. Avis J. HUMPHREYS, and Boca Raton Savings and Loan Association of Palm Beach County, Florida, Appellees. Harry G. CARRATT, Executor of the Estate of Adrian Clyde Humphreys, Jr., Deceased, Appellant, v. Avis J. HUMPHREYS and First Federal Savings and Loan Association of Delray Beach, Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied July 30, 1973.

Attorney(s) appearing for the Case

Harry G. Carratt, Fort Lauderdale, Executor of the Estate of Adrian C. Humphreys, Jr., Deceased, for appellant.

Curtin P. Coleman of Coleman, Leonard, Morrison & Riddle, Fort Lauderdale, for appellee, Avis J. Humphreys.

OWEN, Judge.

We have consolidated these appeals because they involve the identical issue, namely, whether a judgment creditor who has perfected garnishment of the judgment debtor's bank account while the debtor is alive, is thereafter precluded by F.S. Section 733.19, F.S.A.1 from proceeding to final judgment in garnishment upon the death of the judgment debtor.

When the marriage of the Humphreys was dissolved by a final judgment...

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