Date: 09-16-1999

Case Style: Farm Credit of North Florida, Inc. v. Double Dairy, Inc. and Conagra

Case Number: 98-1681

Judge: Robert P. Cates

Court: Circuit Court, Baker County, Florida

Plaintiff's Attorney: Chanley T. Howell of Foley and Lardner, Jacksonville, FloridaTracy S. Carlinof Foley and Lardner, Jacksonville, Florida

Defendant's Attorney: Douglas D. Chunn of Douglas H. Chunn, Jacksonville, Florida

Description: Garnishment - Two separate garnishors filed writs of garnishment against defendant, the first on December 20, 1995 and the second, January 8, 1997. The defendant answered both writs by stating that they were indebted to the plaintiff for $14,199.08 and that there was also a a contingent liabilty of $33,892.50 arising from interest. The filing in January 1997 claimed to be superior to the other and requested either consolidation or dispute resolution of judgment creditors. This issue was never brought to trial and judgment was filed April 24, 1997. The Plaintiff filed motion to reduce, which was denied with prejudice and moved for rehearing.

Outcome: The palintiff received $15,379.55 for their judgment, in addition to the $14,299.08 that had been awarded by the trial court.

Plaintiff's Experts: Unknown

Defendant's Experts: Unknown

Comments: Affirmed in part and reversed in Part. with directions by the District Court of Appeal of Florida, First District. See 742 So.2d 436 (Fla.App 1 Dist. 1999). Note: The above date reflects that of the appellate court and not that of the original trial. reported by jjb.