CARBON CAPITAL II v. ESTATE OF TUTT

Nos. 3D12-968, 3D12-475.

107 So.3d 1239 (2013)

CARBON CAPITAL II, et al., Appellants, v. ESTATE OF James Wallace TUTT, III, etc., et al., Appellees.

District Court of Appeal of Florida, Third District.

February 27, 2013.


Attorney(s) appearing for the Case

Billbrough & Marks and Geoffrey B. Marks , for appellants.

Siegfried, Rivera, Lerner, De la Torre & Sobel and Stuart Sobel and H. Hugh McConnell , for appellees.

Before ROTHENBERG and EMAS, JJ., and SCHWARTZ, Senior Judge.


EMAS, J.

In this consolidated appeal, Appellants/Judgment Creditors Hotel 71 Mezz Lender, LLC ("Hotel 71") and Carbon Capital II ("Carbon Capital") (together with Hotel 71, "Appellants") seek review of two final summary judgments entered in favor of the Estate of James Wallace Tutt, III ("Tutt" or "the Estate," as appropriate).1 Both Hotel 71 and Carbon Capital had garnished Tutt and were targeting a real estate transaction in which Tutt...

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