SALINA MFG. CO. v. DINER'S CLUB, INC.

No. 79-1042.

382 So.2d 1309 (1980)

SALINA MANUFACTURING COMPANY, Appellant, v. DINER'S CLUB, INC., Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied May 21, 1980.


Attorney(s) appearing for the Case

Nicholson, Dender & Chandler and James R. Chandler, III, Miami, for appellant.

Robert Bakerman and Louis A. Supraski, Miami, for appellee.

Before BARKDULL, HENDRY and SCHWARTZ, JJ.


SCHWARTZ, Judge.

Reversing the contrary conclusion reached by the trial judge, we hold that a judgment creditor which, through supplementary proceedings, is responsible for subjecting property of a common debtor to execution has priority in the satisfaction of its judgment from that levy, even over another judgment creditor which had first delivered its writ of execution to the sheriff. The issue arose below in the following manner.

In July, 1972, the appellee...

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