MYRICK v. SECOND NATIONAL BANK OF CLEARWATER

No. 76-627.

335 So.2d 343 (1976)

Donald L. MYRICK and Betty L. Myrick, Appellants, v. SECOND NATIONAL BANK OF CLEARWATER, Appellee.

District Court of Appeal of Florida, Second District.

July 16, 1976.


Attorney(s) appearing for the Case

Harold S. Wilson, Clearwater, for appellants.

Emil G. Pratesi of Richards, Nodine, Gilkey, Fite, Meyer & Thompson, Clearwater, for appellee.


SCHEB, Judge.

In this interlocutory appeal, appellants/defendants Donald L. Myrick and Betty L. Myrick, challenge the trial court's denial of their motion to set aside a levy and cancel the notice of sale of their partnership interest in Port Richey Shopping Village. They contend their rights in the partnership and its property are not subject to levy under Fla. Stat. § 56.061, and can only be reached by the appellee/plaintiff judgment creditor through a charging...

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