Full Throttle Films, Inc. v. Nat'l Mobile Television, Inc., No. B211713

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

Counsel
For 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