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ESTATE OF BAIN v. BIBOLINI

No. 98-2589.

737 So.2d 1238 (1999)

ESTATE OF Jerome BAIN, deceased, Appellant, v. Reinaldo BIBOLINI, Appellee.

District Court of Appeal of Florida, Third District.

August 4, 1999.

Attorney(s) appearing for the Case

Robert T. Mann, Tarpon Springs, for appellant.

Freud & Abraham and John S. Freud, Miami, for appellee.

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

PER CURIAM.

Because funds held in an escrow account maintained by the seller's attorney for partial payment of a real estate commission were equitably owned by the broker to whom the commission was due,1 they were, contrary to the ruling below, not subject to garnishment by a judgment creditor of the seller. Ginsberg v. Goldstein, 404 So.2d 1098 (Fla. 3d DCA 1981). Hence the judgment below is...

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