CONCORDIA FED. S & L ASS'N v. KIMLER & ENTIN, P.A.

No. 4-86-0984.

505 So.2d 26 (1987)

CONCORDIA FEDERAL SAVINGS AND LOAN ASSOCIATION, Appellant, v. KIMLER & ENTIN, P.A., Whispering Pines Properties, Inc., John R. Macari, James J. Sepielli and Russell J. Sepielli, Jointly and Severally, Appellees.

District Court of Appeal of Florida, Fourth District.

April 8, 1987.


Attorney(s) appearing for the Case

Robert J. Schaffer, Miami, for appellant.

Richard C. Entin of Kimler & Entin, P.A., Sunrise, for appellees.


STONE, Judge.

Appellee filed a complaint in interpleader. Appellant filed a motion to dismiss for failure to state a cause of action. After denial of the motion the court entered an order granting appellee the right to interplead and dismissing the appellee upon the funds being deposited. The court erred in accepting the interpleader and releasing the appellee over objection without first permitting appellant to answer and assert affirmative defenses. Ziegler v...

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