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MURRAY v. NATIONSBANK OF FLORIDA, N.A.,

No. 4D02-1509.

846 So.2d 548 (2003)

Edward J. MURRAY, Appellant, v. NATIONSBANK OF FLORIDA, N.A., PG & C Leasing Co. of Florida, Inc., Paula Gambrill and Estate of Glenn Gambrill, Appellees.

District Court of Appeal of Florida, Fourth District.

April 2, 2003.

Attorney(s) appearing for the Case

David L. Gorman of David L. Gorman, P.A., North Palm Beach, for appellant.

Eric A. Waraftig of the Law Offices of Eric A. Waraftig, Fort Lauderdale, for appellee Estate of Glenn Gambrill.

GROSS, J.

The issue in this case is whether a 120-year-old Florida Supreme Court decision requires dismissal of a writ of garnishment served on the personal representative of an estate. Because of the changes to the garnishment statute and the probate code since 1883, we hold that the general rule announced in the decision is no longer operative and that the circuit court erred in dismissing the garnishment proceeding.

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