HARRIS v. MARTIN

No. 91-2685.

606 So.2d 1212 (1992)

J. Richard HARRIS, Trustee, Appellant, v. Ronald J. MARTIN, et al., Appellees.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied November 10, 1992.


Attorney(s) appearing for the Case

John M. Jorgensen, Scott, Royce, Harris, Bryan & Hyland, P.A., Palm Beach Gardens, for appellant.

S. David Sheffman, Miami Beach, for appellee Ronald J. Martin.


COBB, Judge.

The issue on this appeal is whether discovery in aid of execution (a deposition duces tecum) against the appellant Harris, in his individual capacity, is proper where he was named as a trustee, and not as an individual party, in the pleadings and judgment below.

The appellee, Martin, obtained a deficiency judgment against "Harris as Trustee," and is now attempting to execute that judgment against Harris individually. Martin's theory is that his...

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