CHARLES C. GILES, et al., Appellants, v. SUN BANK, N.A., etc., et al., Appellees, 450 So. 2d 258

Summary

Appellee bank obtained a judgment against a sod subcontractor on a construction project, then moved for a writ of garnishment to collect the judgment from the primary subcontractor on the project. The primary subcontractor alleged that it was no longer indebted to the sod subcontractor, which had assigned its rights under the primary subcontract to appellant third parties. The assignment was in the form of a document entitled "employment agreement," and it provided that appellants would carry out the contract between the sod subcontractor and the primary subcontractor. In February 1981, the primary subcontractor approved the employment agreement. The trial court allowed the garnishment, holding that the employment agreement was not a valid assignment. The appellate court reversed and held that the employment agreement was a valid equitable assignment. The parties clearly intended to create an assignment and no particular language or form of instrument was necessary. Additionally, the ...