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NORTHCUTT v. BANKATLANTIC

No. 4D99-1263.

767 So.2d 563 (2000)

Thomas J. NORTHCUTT, KayeLynne Northcutt, Fort Hope Development, Inc., Appellants, v. BANKATLANTIC, a Federal Savings Bank, f/k/a Atlantic Federal Savings and Loan Association of Fort Lauderdale, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied September 28, 2000.

Attorney(s) appearing for the Case

Gerald J. Houlihan and Leslie A. Rafalli of Houlihan & Partners, P.A., Miami, for appellants.

William C. Davell and Carolyn B. Frank of May, Meacham & Davell, P.A., Fort Lauderdale, for appellee.

KLEIN, J.

Mr. and Mrs. Northcutt appeal a summary judgment holding that the settlement proceeds of their legal malpractice claims could be garnished by appellee BankAtlantic, which had a judgment only against Mrs. Northcutt. We reverse, holding that there are issues of fact as to whether a portion of the proceeds belonged to Mr. Northcutt.

The proceeds of the settlement which BankAtlantic garnished were paid by the

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