FIRST STATES INVESTORS 3300, LLC v. PHEIL

No. 2D10-3491.

52 So.3d 845 (2011)

FIRST STATES INVESTORS 3300, LLC, Appellant, v. Betsy PHEIL, Walter Walker Pheil, Unknown Trustee, as Successor Trustee of the Clarence E. Pheil Bypass Trust, Unknown Trustee, as Successor Trustee of the Clarence E. Pheil Marital Trust, Frederick Pheil, Walter Bobbitt, Jr., as Successor Trustee of the Bertha Pheil Bobbitt Revocable Trust, Charles E. Van Middlesworth, as Successor Trustee of the Bertha Pheil Bobbitt Revocable Trust, Walter Pearson Bobbitt, Helen B. Pheil, Barbara P. Atkins, Robert F. Pheil, and Cynthia S. Pheil, Appellees.

District Court of Appeal of Florida, Second District.

February 11, 2011.


Attorney(s) appearing for the Case

Leonard S. Englander and Courtney L. Fish of Englander & Fischer, LLP, St. Petersburg, for Appellant.

Michael J. Keane and Charles W. Gerdes of Keane, Reese, Vesely & Gerdes, P.A., St. Petersburg, for Appellees.


MORRIS, Judge.

First States Investors 3300, LLC, (First States) appeals a nonfinal order which vacated a deposit it made into the court registry and which ordered the disbursement of the monies to the appellees, who are the lessors of the commercial properties involved. We conclude that the trial court erred by first allowing the entire rental payments to be deposited into the court registry and then by ordering the disbursement of the monies, in toto, to the...

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