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SCHMITT v. BOYLE

No. 91-2649.

598 So.2d 165 (1992)

Louise SCHMITT, as Ancillary Personal Representative of the Estate of Blanche E. Boyle, Deceased, Appellant, v. James J. BOYLE, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied June 16, 1992.

Attorney(s) appearing for the Case

Robert M. Brake, Coral Gables, for appellant.

John J. Boyle, Miami, for appellee.

Before HUBBART, FERGUSON and JORGENSON, JJ.

PER CURIAM.

Smith, as personal representative of the estate of Blanche Boyle, appeals from a nonfinal order denying a motion for garnishment and injunctive relief. We hold that the funds used to post the supersedeas bond are not garnishable while in the depository of the court. See Leatherman v. Gimourginas, 192 So.2d 301 (Fla. 3d DCA 1966) (funds in custodia legis are not garnishable).

Accordingly, we affirm without...

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