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Sun Bank/North Florida National Ass'n v. Bisbee-Baldwin Insurance Co.

Citations: 559 So. 2d 351; 1990 Fla. App. LEXIS 2311; 1990 WL 39884Docket: No. 89-1031

Court: District Court of Appeal of Florida; April 4, 1990; Florida; State Appellate Court

Narrative Opinion Summary

In this case, Sun Bank/North Florida National Association was found negligent for failing to honor a writ of garnishment directed at Bartlett Trailer and Equipment, Inc., following a judgment obtained by Bisbee-Baldwin Insurance Company. Bisbee-Baldwin filed the writ after Bartlett defaulted on a debt of $15,264.65. Sun Bank identified two accounts held by Bartlett, a general and a payroll account, but claimed the payroll account was exempt from garnishment because it contained funds from a loan intended for payroll. However, the court ruled that both accounts were subject to garnishment. The trial court found the payroll account did not meet the criteria of a trust account and thus was not exempt. Sun Bank's failure to garnish these accounts as required by law resulted in a judgment against it for $14,412.74. The bank's motion for rehearing was denied, and the appellate court upheld the trial court's decision, affirming Sun Bank's duty to comply with the garnishment writ and its liability for the resultant damages to Bisbee-Baldwin.

Legal Issues Addressed

Exemption of Funds from Garnishment

Application: Sun Bank argued that the payroll account was exempt from garnishment due to its purpose, but the court found no legal basis for such an exemption without the proper trust account designation.

Reasoning: Sun Bank asserted that the payroll account contained funds from a loan specifically intended for payroll, thus exempting them from the garnishment.

Garnishment Law and Financial Institution's Duty

Application: The court determined that Sun Bank was negligent in failing to garnish both the general and payroll accounts of Bartlett under the writ of garnishment.

Reasoning: The trial court ruled in favor of Bisbee-Baldwin, concluding that both the payroll and general accounts were subject to the writ of garnishment and that Sun Bank's failure to honor the writ constituted negligence.

Negligence and Damages in Financial Transactions

Application: The court held Sun Bank liable for damages due to its negligent failure to comply with the garnishment writ, resulting in a financial loss to Bisbee-Baldwin.

Reasoning: The court affirmed that Sun Bank had a duty to garnish all business accounts of Bartlett and that its negligence resulted in damages to Bisbee-Baldwin, leading to a final judgment against Sun Bank for $14,412.74.

Trust Account Requirements

Application: The court found that the payroll account did not qualify as a trust account, lacking necessary elements such as a settlor, trustee, or beneficiary, thereby not exempting it from garnishment.

Reasoning: The court found that the payroll account did not qualify as a trust account, as it lacked essential trust elements such as a settlor, trustee, or beneficiary.