Brooks v. Galicia S. S. Co., 69--1094
| Decision Date | 14 July 1970 |
| Docket Number | No. 69--1094,69--1094 |
| Citation | 237 So.2d 582 |
| Parties | Philip A. BROOKS, Petitioner, v. GALICIA STEAMSHIP COMPANY, Ltd., and Liberty Navigation & Trading Co., Inc., Respondents. |
| Court | Florida District Court of Appeals |
Rosen & Rivkind, and David Mesnekoff, Miami Beach, for petitioner.
Greene & Downing, Miami, for respondent.
Before PEARSON, C.J., and BARKDULL and HENDRY, JJ.
By common law certiorari, we are asked to review an order of the civil court of record directing the petitioner, defendant in the trial court, to deposit $5,000.00 in the registry of the court which, in the unsworn complaint, is alleged to be escrow funds.
We find no procedure under the law authorizing a common law trial judge to order a deposit in the registry of the court upon an unsworn complaint (prior to answer), no testimony or evidence or other admissions indicating either the character of the monies ordered to be deposited or who has possession of them. To this extent, we find the trial judge departed from the essential requirements of the law in directing the deposit into the registry of the court. See: Kauffman v. King, Fla.1956, 89 So.2d 24; Leithauser v. Harrison, Fla.App.1964, 168 So.2d 95; HMR Development Corporation v. District Court of the First Judicial District, 152 Colo. 266, 381 P.2d 259; Sanborn v. Blankenheim, 346 Ill.App. 214, 104 N.E.2d 573; City of Philadelphia v. Schofield, 375 Pa. 554, 101 A.2d 625; 23 Am.Jur.2d, Deposits in Court, § 2, p. 737; 26A C.J.S. Deposits in Court § 1 d(1), p. 473. Compare Whitaker, Admr. v. Sparkman, 30 Fla. 347, 11 So. 542.
Therefore, the order under review be and it is hereby quashed.
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De Anza Corp. v. Tenants Civil Ass'n of Park Lake Estates, Inc.
...320 So.2d 17 (Fla. 2d DCA 1975); Pomponio v. Claridge of Pompano Condominium, 378 So.2d 774 (Fla.1979); Brooks v. Galicia Steamship Co. Ltd., 237 So.2d 582 (Fla. 3d DCA 1976). Accordingly, the petition is granted and the trial court's order of February 18, 1981, is hereby quashed. This orde......
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Wincast Associates, Inc. v. Hickey, 75-735
...of the dispute. Such would be necessary to justify ordering a defendant to deposit money with the Court. In Brooks v. Galicia Steamship Co., Ltd., 237 So.2d 582 (3d DCA Fla.1970) the court found similar 'We find no procedure under the law authorizing a common law trial judge to order a depo......