Florida Garnishment Law
 

Angelique L. Lingard and Sudarien D. Smith v. Holiday Inn Club Vacations, Inc. and Wilson Resort Finance, LLC

Orlando, Florida consumer law lawyers represented Plaintiffs who sued Defendants on Military Leave Act violation theory.


This dispute stems from Plaintiffs' financing of timeshare interests with Defendants. (Doc. 20). Plaintiffs are both active duty United States Air Force

2

servicemembers who were in a relationship and took family vacations together. (Id. ¶¶ 13-1... More...
   $0 (07-21-2023 - fl)

Diane N. Resnick, et al. v. Kruchcash, LLC, et al.

West Palm Beach, Florida civil rights lawyers represented Plaintiffs, who sued defendants under 42 U.S.C. 1983 claiming that their constitutional rights were violated by Defendants.


Plaintiffs claim that Defendants violated their right to due process of law by freezing their assets in Maryland, obtaining writs of garnishment based on Maryland law without providing notice and an oppor... More...
   $0 (05-20-2022 - FL)

LASHONDA YOUNG, vs DOMINIQUE MOXEY

Miami, FL - Personal Injury lawyer represented Appellant with appealing the order denying the motion to vacate the Default Final Judgment.



Dominique Moxey sought $3,000.00 in damages for injuries sustained
during an altercation between Moxey and Young. The record contains a final
default ju... More...
   $0 (04-16-2022 - FL)

JUAN O. SEJAS, vs GIOVANNA PAREDES

Miami, FL - Divorce lawyer represented Appellant with appeals involving post judgment dissolution proceedings.



In this appeal involving postjudgment dissolution proceedings, Juan Sejas
(the former husband) appeals three orders: a December 19, 2019 order granting the
emergency motion of Giov... More...
   $0 (01-29-2022 - FL)

World Wide Supply OU v. Quail Cruises Ship Management, et al

This appeal has a complicated background, involving multiple lawsuits in
federal district courts, Florida state court, and a Spanish bankruptcy court. The
common denominator of these suits is Quail Cruises Ship Management (Quail),
from which multiple parties, including participants in this appeal, have tried to
collect money that they believe Quail owes them.
contract w... More...
   $0 (10-12-2015 - FL)

World Wide Supply OU v. Quail Cruises Ship Management f/k/a Happy Cruises, S.A.

This appeal concerns an attachment of property made pursuant to Supplemental Admiralty Rule B. The money at issue arose from the legal settlement of a dispute over the purchase of a cruise ship featured on ABC Television Networks long-running series, The Love Boat. The plaintiff below, and appellant here, has advanced a novel interpretation of Rule B. The district court was unpersuaded, as are we... More...    $0 (09-30-2015 - FL)

Charter Schools USA, Inc. v. John Doe. 93, etc., et al.

Charter Schools USA, Inc., The Downtown Charter School, Inc., Charter
Schools USA at Downtown Miami, L.C. (collectively Charter Schools) appeal
from an order denying their motion to dissolve writs of garnishment and to enforce
supersedeas bond. We find no error in the order on appeal and affirm.
This action was commenced on behalf of a minor child who claimed to have
been sexua... More...
   $0 (11-12-2014 - FL)

Brett S. Stetter v. Alan Richardson

In this consolidated appeal, Brett J. Stettner (“Stettner”) appeals two trial
court orders: (1) denying his motion to set aside clerk’s default, to vacate default
final judgment and to quash a writ of garnishment; and (2) denying his motion to
set aside sheriff’s sale. For the reasons that follow, we reverse both orders.
On May 14, 2012, Stettner filed a Petition for Injunc... More...
   $0 (07-16-2014 - FL)

Merriman Investments, LLC v. Therese Ujowundu

Merriman Investments, LLC, appeals from an order dissolving a writ of garnishment. We reverse.

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Therese Ujowundu, along with her nephew, Patrick Ujowundu, obtained a loan from Bank of America to finance the purchase of an automobile. They subsequently defaulted on the loan, and the automobile was repossessed and sold, leaving a deficiency balance due. The bank obtained a judgment fo... More...
   $0 (10-30-2013 - FL)

Carbon Capital II v. Estate of James Wallace Tutt, III

In this consolidated appeal, Appellants/Judgment Creditors Hotel 71 Mezz Lender, LLC (“Hotel 71”) and Carbon Capital II (“Carbon Capital”) (together with Hotel 71, “Appellants”) seek review of two final summary judgments entered in favor of the Estate of James Wallace Tutt, III (“Tutt” or “the Estate,” as appropriate).1 Both Hotel 71 and Carbon Capital had garnished Tutt and we... More...    $0 (02-27-2013 - FL)

Usameribank v. Richard Nelson Klepal, Jr.

USAmeriBank (the Bank) appeals the circuit court's order blocking its attempt to collect a money judgment against Richard Nelson Klepal, Jr., by garnishing his wages. The issue presented is whether Mr. Klepal, who is currently the head of a family, agreed in writing to the garnishment of his disposable earnings. Because the promissory note that was the basis for the Bank's judgment against Mr. Kle... More...    $0 (10-14-2011 - FL)

State Farm Mutual Automobile Insurance Company v. Gilda Menendez

State Farm Mutual Automobile Insurance Company seeks review of State Farm Mutual Automobile Insurance Co. v. Menendez, 24 So. 3d 809 (Fla. 3d DCA 2010), in which the Third District Court of Appeal determined that the household exclusion in State Farm‟s policy issued to Gilda Menendez is ambiguous and therefore could not be enforced to eliminate coverage for bodily injuries suffered by members of... More...    $0 (08-25-2011 - FL)

Western Hay Company, Inc. v. Lauren Financial Investments, Ltd.

Western Hay Company, Inc., the plaintiff below, appeals from a final judgment entered in favor of the defendants below, Lauren Financial Investments, Ltd., d/b/a Lauren Associates and Ronald Rubin, on its fraudulent transfer claim under section 726.105(1)(a) of the Florida Statutes. Finding that the trial court correctly applied the time limitations set forth in section 726.110(1) of the Florida S... More...    $0 (05-18-2011 - FL)

Cortez Community Bank v. Michael G. Cobb

Cortez Community Bank (the Bank) appeals the trial court's final summary judgment of garnishment entered against the Bank and in favor of Michael G. Cobb. Because genuine issues of material fact remain to be determined as to the amount owed by the garnishee Bank, we reverse and remand for further proceedings.

In September 2008, the trial court entered a default judgment against multiple d... More...
   $0 (03-02-2011 - FL)

F. Daniel Bennett v. The Society of Lloyd's

F. Daniel Bennett (“Bennett”) appeals from an order denying his claim of exemption and a final judgment in garnishment. We reverse.

The Society of Lloyds (“Lloyds”) obtained a judgment against Bennett. Thereafter, Lloyds sought to satisfy the judgment through garnishment proceedings. The trial court issued a post-judgment writ of garnishment directed to Regions Bank where Bennett ma... More...
   $0 (12-22-2010 - FL)

In Re: Billy Jason Harwell

In this fraudulent transfer case, Appellant Lynn H. Martinez (“Martinez”), as United States Bankruptcy Trustee, appeals the district court’s affirmance of the bankruptcy court’s grant of summary judgment in favor of Appellees Steven D. Hutton and his law firm, Steven D. Hutton, P.L. (“Hutton”). For the purposes of its summary judgment ruling, the bankruptcy court assumed that attorney ... More...    $0 (11-30--0001 - FL)

Arnold, Matheny and Eagan, P.A. v. First American Holdings, Inc., etc., et al.

The issue before us involves the interpretation of Florida‟s garnishment statute and the obligations it imposes on third parties, including attorneys, who are served with writs of garnishment. In its decision in First American Holdings, Inc. v. Preclude, Inc., 955 So. 2d 1231 (Fla. 2d DCA 2007), the Second District Court of Appeal ruled upon the following question, which the court certified ... More...    $0 (05-01-2008 - FL)

Abdus-Shahid M.S., Ali v. Federal Bureau of Prisons, et al.

This case concerns the scope of 28 U. S. C. 2680, whichcarves out certain exceptions to the United States' waiverof sovereign immunity for torts committed by federalemployees. Section 2680(c) provides that the waiver ofsovereign immunity does not apply to claims arising fromthe detention of property by "any officer of customs or excise or any other law enforcement officer." Petitioner contends... More...    $0 (01-23-2008 - FL)

Mark Daniel v. Angela Garrison, et al.

By way of a petition for writ of prohibition, the petitioner seeks his release from jail pursuant to a civil contempt order. The court entered the order after petitioner refused to answer questions posed to him in court in a

2 garnishment proceeding to execute on a judgment.1 We treat the petition as a petition for writ of habeas corpus and grant same.2 Whereas here the petitioner w... More...    $0 (02-23-2005 - FL)

Edward J. Murray v. Nationsbank of Florida, N.A., et al.

The issue in this case is whether a 120-year-old Florida Supreme Court decision requires dismissal of a writ of garnishment served on the personal representative of an estate. Because of the changes to the garnishment statute and the probate code since 1883, we hold that the general rule announced in the decision is no longer operative and that the circuit court erred in dismissing the ... More...    $0 (04-04-2003 - FL)

Merrill Lynch Trust Company v. Alzheimer's Lifeliners Association, Inc., et al.

Appellant, Merrill Lynch Trust Company ("Merrill Lynch"), seeks review of the trial court's order granting The American Lung Association's ("American Lung") motion for writ of execution and granting Alzheimer's Lifeliners Association, Inc.'s ("Alzheimer's"), The Arthritis Foundation's ("Arthritis"), and The Salvation Army's ("Salvation Army") motions for contempt. We reverse.

This case began... More...    $0 (12-31-2002 - FL)

Farm Credit of North Florida, Inc. v. Double Dairy, Inc. and Conagra

Garnishment - Two separate garnishors filed writs of garnishment against defendant, the first on December 20, 1995 and the second, January 8, 1997. The defendant answered both writs by stating that they were indebted to the plaintiff for $14,199.08 and that there was also a a contingent liabilty of $33,892.50 arising from interest. The filing in January 1997 claimed to be superior to the other an... More...    $15380 (09-16-1999 - FL)

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