FEHLHABER v. FEHLHABER

No. 86-5512.

850 F.2d 1453 (1988)

Verone Marin FEHLHABER, Plaintiff-Appellant, v. Robert Fred FEHLHABER, as Personal Representative of the Estate of Fred R. Fehlhaber, Deceased, Joel L. Kirschbaum, as Successor of the Fred R. Fehlhaber Trust, Sun Bank/Miami N.A., Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

August 1, 1988.


Attorney(s) appearing for the Case

Woodrow "Mac" Melvin, Jr., Ruden, Barnett, McClosky, Schuster & Russell, P.A., Steve I. Silverman, Miami, Fla., for plaintiff-appellant.

Herbert Stettin, Miami, Fla., for Kirschbaum.

A. Rodger Traynor, Jr., Fowler, White, Burnett, Hurley, Banick & Strickroot, P.A., Miami, Fla., for Sun Bank, Miami.

Before RONEY, Chief Judge, FAY, Circuit Judge, and HENDERSON, Senior Circuit Judge.


RONEY, Chief Judge:

In this case, we hold that a judgment-creditor, through a Florida garnishment procedure, can reach the assets of a trust of which the judgment-debtor was both the settlor and the sole beneficiary, and in which capacities he retained complete control over the disposition of the assets of the trust. The trust contained no assets but those of the settlor. The district court reached a contrary decision on the ground that the judgment-debtor's interest...

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