BUDGET LANDSCAPE NURSERY, INC. v. McMILLIN INVESTORS NEW YORK CORP.

No. 76-1614.

343 So.2d 640 (1977)

BUDGET LANDSCAPE NURSERY, INC., Appellant, v. McMILLIN INVESTORS NEW YORK CORP., a New York Corporation, and Sam Joyce, As Associate of Indian River County and Individually, Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied March 25, 1977.


Attorney(s) appearing for the Case

T.M. Barlow, Jr., of the Law Offices of Palmer W. Collins, Melbourne, for appellant.

Charles M. Harris of the Law Offices of Crofton Holland Starling Harris & Severs, Titusville, for appellee-McMillin Investors New York Corp.


PER CURIAM.

Upon consideration of the record and briefs of the respective parties, we determine that the Circuit Court of Indian River County was without jurisdiction to restrain by injunction an execution sale of certain personal property levied upon pursuant to a writ of execution issued out of the Circuit Court of Brevard County as jurisdiction had first attached in the Circuit Court of Brevard County. Adams v. Burns, 126 Fla. 685, 172 So. 75 (1936); Fla...

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