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FIRST UNION NAT. BK., FLA. v. GARCIA

No. 92-0925.

622 So.2d 1126 (1993)

FIRST UNION NATIONAL BANK OF FLORIDA, Appellant, v. Carmen GARCIA, and Sutter & Nugent, Inc., a Florida Corporation, Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied September 23, 1993.

Attorney(s) appearing for the Case

J.T. Haley of Haley, Sinagra & Perez, P.A., Miami, for appellant.

Steven Ellison of Broad and Cassel, West Palm Beach, for Herbert Gimelstob as receiver of Appellee-Sutter & Nugent, Inc., a Florida Corp.

David L. Gorman of David L. Gorman, P.A., North Palm Beach, for Appellee-Carmen Garcia.

PER CURIAM.

This is an appeal from a final judgment entered against a garnishee. We agree that the trial court abused its discretion by denying the garnishee leave to amend its answer to include the competing claim of the receiver. See Florida Power & Light Co. v. Crabtree Const. Co., 283 So.2d 570 (Fla. 4th DCA 1973). The judgment is therefore reversed so that the claim of the receiver can be considered on its merits...

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