In ex parte proceedings, after plaintiff obtained a writ of attachment and levied on certain deposit accounts of defendant, trial court’s grant of third-party claimant Wachovia Capital Finance Corporation’s application for release of the levied property and order quashing the levy is reversed where: 1) the record contains no evidence to support the trial court’s finding that Wachovia holds a perfected security interest in the accounts on which plaintiff levied; and 2) the record contains no evidence that Wachovia met any of the alternative requirements for showing that its security interest was not subordinated to plaintiff’s attachment lien.
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Appellate Information
Filed January 12, 2010
Judges
Opinion by Judge Rothschild
CounselFor Appellant: Law Offices of Hemar Rousso & Heald, Jeannine Del Monte Kowal and Irwin M. Wittlin
For Appellee: Levene, Neale, Bender, Rankin & Brill, Beth Ann R. Young, Michelle S. Grimberg and Krikor J. Meshefejian
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