GrayRobinson, P.A. v. Fireline Restoration, Inc.,  ___ So. 3d ___, 35 Fla. L. Weekly D1629 (Fla. 4th DCA 7/21/10)

The trial court ordered FIGA, in its capacity as the successor to a property insurer, to make one payment to the insured, a condominium association, and another payment to the trust account of a law firm.  The law firm was directed to utilize the funds to pay appraisal costs and to make a deposit with the clerk of the court.  Claimants to the fund held by the clerk were to have thirty days to assert their entitlement to the fund.  One of the claimants garnished a portion of the funds held by the law firm before the law firm turned over the funds to the clerk.  The appellate court reversed.  The law firm held the funds based upon a court order with specific directions.  “[I]n order to be subjected to garnishment the obligation from the garnishee to the primary debtor must not be contingent or uncertain. . . .” Because the funds “were within the jurisdiction of the . . . court, payable at its direction . . . .  any obligation to pay [the claimant] would be contingent and unliquidated.”