CHARLES B. BARNIV, CYNTHIA BARNIV and BRUCE WITKIND, v. BANKTRUST, an Alabama Banking corporation, CCB, L.L.C., a Florida Limited Liability Company, L&J DEVELOPMENT, L.L.C., a Florida Limited Liability Company, and DRIFTWOOD ESTATES PHASE II HOMEOWNERS ASSOCIATION, INC., a Florida Non-profit Corporation
Annotate this Case
Download PDF
IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA CHARLES B. BARNIV, CYNTHIA BARNIV and BRUCE WITKIND, Appellants, v. NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED CASE NO. 1D11-6828 BANKTRUST, an Alabama Banking corporation, CCB, L.L.C., a Florida Limited Liability Company, L&J DEVELOPMENT, L.L.C., a Florida Limited Liability Company, and DRIFTWOOD ESTATES PHASE II HOMEOWNERS ASSOCIATION, INC., a Florida Non-profit Corporation, Appellees. _______________________________/ Opinion filed April 27, 2012. An appeal from the Circuit Court for Walton County. Kelvin C. Wells, Judge. John N.C. Ledbetter of Ledbetter & Associates, P.L., Destin, for Appellants. George M. Walker and Paul T. Beckmann of Hand Arendall LLC, Mobile, AL; C. Jeffrey McInnis of Anchors Smith Grimsley, PLC, Fort Walton Beach, for Appellees. PER CURIAM. We reverse the lower court s order denying appellants emergency motion to quash writs of execution and garnishment, because appellants counterclaims against appellee remain pending. See Millennium Group I, L.L.C. v. Attorneys Title Insurance Fund, Inc., 847 So. 2d 1115 (Fla. 1st DCA 2003); Norris v. Paps, 615 So. 2d 735 (Fla. 2d DCA 1993); Peterson v. Affordable Homes of Palm Beach, Inc., 65 So. 3d 112 (Fla. 4th DCA 2011); Carpenter v. Super Pools, Inc., 534 So. 2d 426 (Fla. 5th DCA 1988); Davar Corp. v. Tropic Land Improvement Corp., 330 So. 2d 482 (Fla. 4th DCA 1976). REVERSED and REMANDED. PADOVANO, LEWIS, and WETHERELL, JJ., CONCUR. 2
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
