Full Throttle Films, Inc. v. National Mobile Television, Inc.
Opinion
Opinion
Rothschild, J.
Plaintiff Full Throttle Films, Inc. (Full Throttle), obtained a writ of attachment and levied on certain deposit accounts of defendant National Mobile Television, Inc. (National Mobile). Third party claimant Wachovia Capital Finance Corporation (Wachovia Capital) applied for release of the levied property, claiming a superior security interest in the subject deposit accounts. The trial court granted Wachovia Capital’s application and quashed the levy. Full Throttle appeals, and we reverse.
BACKGROUND
On July 23, 2008, Full Throttle filed suit against National Mobile, seeking to collect an allegedly unpaid balance of $416,399.48 due under a rental agreement. On August 8, 2008, Full Throttle applied for a right to attach order and an order for issuance of a writ of attachment. The application was to be heard on September 19, 2008.
On August 25, 2008, as a result of certain alleged further developments concerning National Mobile’s business and finances, Full Throttle applied ex parte for a right to attach order and an order for issuance of a writ of attachment. On the same day, the trial court granted the application (and Full Throttle voluntarily took its previous…