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SUN BANK, N.A. v. PARKLAND DESIGN

No. 83-787.

466 So.2d 1089 (1985)

SUN BANK, N.A., a National Banking Association, Appellant, v. PARKLAND DESIGN and Development Corporation, a Florida Corporation; Harvey Harbridge; John G. Harbridge and John A. Sutton, Individually and As Trustees; and Ocean Properties, Ltd., Appellees.

District Court of Appeal of Florida, Fifth District.

January 31, 1985.

Attorney(s) appearing for the Case

James M. Talley and W. James Gooding, III, of Akerman, Senterfitt & Eidson, Orlando, for appellant.

Robert W. Smith of Pino, Knox & Smith, Orlando, for third-party appellee, Ocean Properties, Ltd.

No appearance for appellees Parkland Design, Harbridge, Harbridge and Sutton.

SHARP, Judge.

This case turns on the relative priority of an assignee of an account (Ocean Properties, Ltd.) and a garnishing judgment creditor (Sun Bank, N.A.). Sun Bank appeals from a final judgment awarding Ocean Properties, Ltd. (Ocean) the $14,634.48 fund being held by John A. Sutton, as Trustee. Sutton owed these funds to Parkland Design and Development Corporation (the assignor), as real estate commissions.

Ruling that the earned real estate commissions...

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