BARNETT BANK OF SOUTH FLA. v. AM. MED. EXPRESS

Nos. 95-1432, 95-870.

671 So.2d 819 (1996)

BARNETT BANK OF SOUTH FLORIDA, N.A., Appellant, v. AMERICAN MEDICAL EXPRESS CORP., Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied May 1, 1996.


Attorney(s) appearing for the Case

Kris E. Penzell, Miami Beach, for appellant.

Keith Mack Lewis Cohen & Lumpkin and Sara B. Clasby, Miami, for appellee.

Before SCHWARTZ, C.J., and GODERICH and GREEN, JJ.


SCHWARTZ, Chief Judge.

We hold that the trial court properly vacated a garnishment judgment under Florida Rule of Civil Procedure 1.540(b)(5)1 because the underlying debt owed by the garnishee to the plaintiff-garnishor's judgment debtor had been fully satisfied. See § 77.083, Fla.Stat. (1995); First Florida Bank, N.A. v. R.D.P. of Naples, Inc., 573 So.2d 1025 (Fla. 2d DCA

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