Sun Bank/North Florida Nat. Ass'n v. Bisbee-Baldwin Ins. Co.

• Decision Date: 04 April 1990
• Docket Number: BISBEE-BALDWIN,No. 89-1031,89-1031
• Citation: 559 So.2d 351
• Parties: 15 Fla. L. Weekly D905 SUN BANK/NORTH FLORIDA NATIONAL ASSOCIATION, Appellant, v.INSURANCE COMPANY, Appellee.
• Court: Florida District Court of Appeals

Page 351

559 So.2d 351

15 Fla. L. Weekly D905

SUN BANK/NORTH FLORIDA NATIONAL ASSOCIATION, Appellant, v. BISBEE-BALDWIN INSURANCE COMPANY, Appellee.

No. 89-1031.

District Court of Appeal of Florida First District.

April 4, 1990.

Calvin E. Hayden of Kent, Hayden, Facciolo & McMorrow, P.A., Jacksonville, for appellant.

Stephen C. Bullock & Linda C. Ingham of Marks, Gray, Conroy & Gibbs, P.A., Jacksonville, for appellee.

THOMPSON, Judge.

Sun Bank/North Florida National Association (Sun Bank) appeals a final judgment which found that it failed to honor a writ of garnishment and awarded the damages sustained by Bisbee-Baldwin Insurance Company (Bisbee-Baldwin) as a result of Sun Bank's failure to honor the writ of garnishment. Sun Bank contends the trial court erred in finding that it was negligent in not properly garnishing all of the accounts of Bartlett Trailer and Equipment, Inc. (Bartlett) held by Sun Bank, including Bartlett's payroll account. We affirm.

On September 9, 1988, Bisbee-Baldwin recovered a final judgment against Bartlett in the amount of $15,264.65. Bartlett made several installment payments toward the final judgment by checks drawn on a Sun Bank account. Bartlett thereafter defaulted on the payment which caused Bisbee-Baldwin to file and serve upon Sun Bank a writ of garnishment on Bartlett's Sun Bank accounts.

On January 20, 1989, at 2:25 p.m., Bisbee-Baldwin served the writ upon Sun Bank garnishing Bartlett's general account. On January 23, 1989, Sun Bank served its answer of garnishee stating that Bartlett held two accounts; a general account which had a balance of $1,509.75, and a payroll account which had a balance of $12,902.99. On January 24, 1989, Sun Bank served an amended answer of garnishee which stated at the time of the service of the writ of garnishment the general account balance was $5,075.20 and the payroll account balance was $12,902.99. The amended answer further stated that the $12,902.99 in the payroll account had been transferred at noon on January 20, 1989, from the general account for the purpose of covering the already disbursed payroll checks and thus was not available to be garnished pursuant to the writ of garnishment served on January 20 after the transfer.

At a hearing held March 6, 1989, Sun Bank stated that the amended answer was incorrect and offered testimony to show that the $12,902.99 on deposit in the payroll account was actually the proceeds of a loan from a revolving line of credit that Bartlett has with the Sun Bank and that the funds had been...