IN RE MASVIDAL

No. 92-5041.

10 F.3d 761 (1993)

In re Alberto Diaz MASVIDAL, Debtor. CONTINENTAL NATIONAL BANK OF MIAMI, Ocean Bank, Plaintiffs-Appellees, v. Jeanette E. TAVORMINA, Defendant-Appellant, Alfonso Andrade Ochoa, Movant-Appellant.

United States Court of Appeals, Eleventh Circuit.

December 30, 1993.


Attorney(s) appearing for the Case

Arthur S. Weitzner, Weitzner & Co., P.A., Miami, FL, for Tavormina.

Arthur Halsey Rice, Rice & Reiser, P.A., Miami, FL, for OCHOA.

Joel L. Tabas, Tabas & Singerman, P.A., Bill Ullman, Miami, FL, for plaintiffs-appellees.

Before FAY and CARNES, Circuit Judges, and JOHNSON, Senior Circuit Judge.


FAY, Circuit Judge:

Jeanette Tavormina ("Trustee") and Andrade Ochoa ("Ochoa") appeal an order from the District Court for the Southern District of Florida. The district court entered an order reversing the bankruptcy court's order granting summary judgment in favor of the Trustee. We have jurisdiction pursuant to 28 U.S.C. § 1291. Because we find that the mere service of a writ of garnishment does not establish a lien under Florida law, we reverse.

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