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Bacardi v. White

Florida Supreme Court
463 So. 2d 218 (1985)


Facts

Adriana (plaintiff) and Luis (defendant) Bacardi divorced. The divorce decree incorporated the Bacardis’ agreement that Luis would pay Adriana $2,000 per month in spousal support. Luis stopped paying spousal support. Adriana obtained judgments amounting to $14,000 in unpaid support and $1,000 in attorney’s fees. Adriana also obtained an order permitting her to garnish funds of a trust created by Luis’s father for Luis’s benefit. The trust contained a spendthrift provision preventing the trustee, Robert White, from paying the trust funds in satisfaction of any judgment against Luis. The trial court nevertheless permitted Adriana to garnish the trust funds. Luis appealed. The intermediate appellate court reversed the trial court’s ruling. Adriana appealed.

Rule of Law

Issue

Holding and Reasoning (Alderman, J.)

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