VOGEL v. SMITH

No. 79-16.

371 So.2d 719 (1979)

Charlotte VOGEL, Trustee, Appellant, v. Helen C. SMITH, a Single Woman, Appellee.

District Court of Appeal of Florida, Third District.

June 12, 1979.


Attorney(s) appearing for the Case

Herman Cohen, Miami, for appellant.

Galbut, Galbut & Menin and Michael B. Solomon, Miami Beach, for appellee.

Before PEARSON, KEHOE and SCHWARTZ, JJ.


KEHOE, Judge.

Appellant/plaintiff takes this interlocutory appeal from a non-final order directing the release of $3500 from the registry of the Circuit Court to a non-party movant. We reverse.

The trial court committed reversible error by authorizing the release of monies deposited in the court registry to one who was not a party to the action below. A non-party had no standing to make such a motion:

"`Persons who are not parties of record to a suit...

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