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JAMES v. COMMERCIAL BANK AT APOPKA

No. 73-1223.

310 So.2d 399 (1975)

M.A. JAMES, Appellant, v. COMMERCIAL BANK AT APOPKA et al., Appellees.

District Court of Appeal of Florida, Fourth District.

April 4, 1975.

Attorney(s) appearing for the Case

James E. Foster, Fishback, Davis, Dominick & Simonet, Orlando, for appellant.

R.L. Russell, van den Berg, Gay, Burke & Dyer, Orlando, for appellee, Commercial Bank at Apopka.

OWEN, Chief Judge.

The issue in this case is whether certain funds in a checking account at the garnishee bank were the property of the judgment debtor, Jim James, as alleged by the judgment creditor-garnishor, or were the property of one M.A. James, the eighteen year old daughter of Jim James, as reflected by the records of the garnishee bank.

This was a factual issue. Viewed most favorably to the judgment the evidence established the following: For many...

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