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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.
Filed January 12, 2010
Opinion by Judge Rothschild
For Appellant: Law Offices of Hemar Rousso & Heald, Jeannine Del Monte Kowal and Irwin M. Wittlin
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