PHILIP A. BROOKS, PETITIONER,
v.
GALICIA STEAMSHIP COMPANY, LTD., AND LIBERTY NAVIGATION & TRADING CO., INC., RESPONDENTS
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Florida appellate court quashed a trial court order requiring defendant to deposit $5,000 into court registry based on an unsworn complaint, holding that no legal procedure authorizes such deposits without prior evidence, testimony, or admissions regarding the funds' character or possession.
A trial judge lacks authority to order a deposit into the court registry based solely on an unsworn complaint without prior testimony, evidence, or admissions establishing the character of the funds and who possesses them.
[1] A trial court lacks authority to order a deposit into the court registry based on an unsworn complaint without prior evidence, testimony, or admissions establishing the n…
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Join FLexlaw to unlock all legal intelligence“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.”
Court's statement of the legal deficiency in the trial court's order
The trial court ordered the defendant-petitioner to deposit $5,000 into the court registry, allegedly escrow funds, based on an unsworn complaint file…
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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.
*583We 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.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Wincast Assocs., Inc. v. Hickey, 320 So. 2d 17 (Fla. 4th DCA 1975)…no proof of the existence of any extenuating circumstance or of any fund comprising the subject matter 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 error: “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…
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DE Anza Corp. v. Tenants Civil Ass'n OF Park Lake Ests., Inc., 399 So. 2d 455 (Fla. 4th DCA 1981)…. Dunes Towers Association, Inc., 380 So. 2d 572 (Fla. 4th DCA 1980); Wincast Associates, Inc. v. Hickey, 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 order is entered without prejudice to the trial court to direct that the petitioner post a bond in accordance with i…
Authorities Cited
- Kauffman v. Annabel King, 89 So. 2d 24 (Fla. 1956)
- Leithauser v. Harrison, 168 So. 2d 95 (Fla. 2d DCA 1964)
- Whitaker v. Sparkman, 30 Fla. 347 (Fla. 1892)