Florida/Georgia Personal Injury & Workers Compensation

fairness as opposed to the strict rule of law. See § 61.011, Fla.Stat. (1995) ("Proceedings under this chapter

Ann. § 360.075 Mississippi — Miss.Code Ann. § 61-11-1 Montana — Mont. Code Ann. § 67-1-204(7)

to work equity in chapter 61 proceedings. See § 61.011, Fla. Stat. (2004) ("Proceedings under this chapter

with opinion. ROBERTS, Justice (dissenting). Section 61.011, Florida Statutes, F.S.A., entitled, "Dissolution

strict rule of law." Rosen, 696 So.2d at 700; § 61.011, Fla. Stat. (2000). This chapter is to be construed

considerations underlying our dissolution law, see § 61.011, Fla. Stat. (1985), compel the trial court to

governed by basic rules of fairness." See also § 61.011, Fla. Stat. (2004) ("Proceedings under this chapter

fairness as opposed to the strict rule of law. See § 61.011, Fla. Stat. (1995) ("Proceedings under this chapter

...writs of garnishment to enforce orders for alimony and child support, is *223 applicable only to the garnishment of an employer. The Second District, in responding to this argument, held that the same result could be obtained under the provisions of section 61.11, Florida Statutes (1981), which reads as follows: 61.11 Effect of judgment of alimony....

...Under the provisions of the rule, a bond is not required if the temporary injunction issued to prevent physical injury of the moving party. Hathcock v. Hathcock, 533 So.2d 802, 804 n. 3 (Fla. 1st DCA 1988), review denied, 542 So.2d 1333 (Fla. 1989). Injunctions in marital dissolution proceedings are authorized by section 61.11, Florida Statutes, which provides: When either party is about to remove himself or his property out of the state, or fraudulently convey or conceal it, the court may award a ne exeat or injunction against him or his property and make such orders as will secure alimony to the party who should receive it. The provision is designed to prevent dissipation of property which is, or may be determined to be, marital. Gooding, 602 So.2d at 616. While section 61.11 contains no express requirement for an injunction bond, entitlement to the extraordinary remedy of injunction is determined by reference to the rule 1.610(b) requirements....

...of their assets pending the determination of the amount of attorney's fees to be awarded. There was no authority for the trial court to enter what in essence was an injunction. Rosasco v. Rosasco, 641 So.2d 493 (Fla. 1st DCA 1994). We recognize that section 61.11, Florida Statutes (1995), provides authority for the trial court to enter an injunction to secure alimony or support when a party is about to leave the state, or conceal or convey property. We also recognize that section 61.11 applies whether a spouse is attempting to dissipate marital assets before or after the final dissolution judgment. See Sandstrom v. Sandstrom, 565 So.2d 914 (Fla. 4th DCA 1990). Here, the prohibition against disposing of assets was to secure attorney's fees, not alimony or support. Section 61.11, Florida Statutes (1995), does not empower the trial court to enter an injunction to secure an attorney's fee award. In addition, there is no indication that either party was about to leave the state or dispose of assets, or that their welfare and interests were otherwise endangered. See § 61.11, Fla....

...Volosin, 382 So.2d 733 (Fla. 2d DCA 1980); Canakaris v. Canakaris, 382 So.2d 1197 (Fla. 1980). We also affirm the injunction against the husband's pension, which secures his payment of alimony to wife. See Sandstrom v. Sandstrom, 565 So.2d 914 (Fla. 4th DCA 1990); § 61.11, Fla....

...Next, the husband argues that it was error to enjoin him from disposing or encumbering his South Miami property. Our review of the record in this case does not persuade us that the trial court committed an abuse of discretion by enjoining the appellant. See, Fla. Stat. § 61.11, F.S.A....

...Ray Sandstrom, Fort Lauderdale, for appellant. Ana I. Gardiner of Patterson, Maloney & Gardiner, Fort Lauderdale, for appellee. PER CURIAM. The husband appeals the trial court's issuance of a temporary injunction which restrained him from selling or disposing of marital assets. We note that Section 61.11, Florida Statutes (1989) reads in relevant part: When either party is about to remove himself or his property out of the state, or fraudulently convey or conceal it, the court may award a ne exeat or injunction against him or his proper...

...n judgment. If the other spouse removes, conceals or fraudulently conveys marital assets before the entry of the final judgment, alimony will not be secured to the "party who should receive it." See 26 Fla.Jur.2d Family Law § 608 and § 609 (1981). Section 61.11 is the wife's authority to seek to enjoin the husband's removal, concealment or fraudulent conveyance of his assets which may be part of her alimony award in the plan of equitable distribution....

fairness as opposed to the strict rule of law. See § 61.011, Fla. Stat. (1995) ("Proceedings under this chapter

...He points out that section 61.12(2), Florida Statutes (1981), which authorizes continuing writs of garnishment to enforce orders for alimony and child support, refers only to the garnishment of an employer. However, the same result could be obtained under the provisions of section 61.11, Florida Statutes (1981), which reads as follows: 61.11 Effect of judgment of alimony....

...obligations. Stern v. Stern, 75 So.2d 810 (Fla. 1954); Black v. Miller, 219 So.2d 106 (3d DCA Fla. 1969): "A court in a divorce action may, ... require the husband to give security for the payment of alimony or child support." Id. at 109. Fla. Stat. § 61.11 (1973): "......

jury trial on that issue. HRS responded that section 61.011 provides that proceedings for child support

All dissolution proceedings are in chancery. § 61.011, Fla. Stat. A chancellor has the inherent right

presiding over dissolution of marriage cases. Section 61.011 specifically provides that these proceedings

...ested; and, (4) the temporary injunction will serve the public interest. South Fla. Limousines, 512 So.2d at 1061; Playpen S., 396 So.2d at 830-31. Injunctions in marital dissolution cases are specifically provided for by statute. In pertinent part, section 61.11, Florida Statutes (1991), provides: When either party is about to remove himself or his property out of the state, or fraudulently convey or conceal it, the court may award a ne exeat or injunction against him or his property and make such orders as will secure alimony to the party who should receive it....

process of appellate review. See § 61.011, Fla. Stat. (2012). 8 . Philip

...Davis's real property holdings. While trial courts have authority to make provisions securing alimony payments, that power is to be exercised only "[w]hen either party is about to remove himself or his property out of the state, or fraudulently convey or conceal it ..." Section 61.11, Florida Statutes (1977)....

...1st DCA 1978), he argues that the evidence was insufficient to support a finding of intent on his part to convey or conceal assets for the purpose of avoiding payment of alimony. In any event, appellant contends, the trial judge abused his discretion in placing a lien against all appellant's assets. Section 61.11, Florida Statutes (1981), provides in part: When either party is about to remove himself or his property out of the state, or fraudulently convey or conceal it, the court may award a ne exeat or injunction against him or his property and make such orders as will secure alimony to the party who should receive it....

...in the trust funds hereby created are exempt from any state, county, or municipal tax of the state and shall not be subject to assignment, execution, or attachment or to any legal process whatsoever. (Emphasis added.) The wife argues, however, that Section 61.11, Florida Statutes (1979), provides an exception to the exemption of Section 121.131 that would otherwise apply. Section 61.11 provides in pertinent part: "When either party is about to remove himself or his property out of the state, ......

...ainst her is clearly demonstrated. Having done so, we reluctantly conclude that the section 121.131 exemption does apply here. In the first place, the exemption of the husband's pension funds from legal process is absolute and unequivocal. Moreover, section 61.11 is not applicable here, since the husband has already removed himself from the state of Florida, and there has been no showing that he is about to remove his pension funds, although he has the right to claim a lump sum benefit at any time....

...employ in choosing this remedy. The trial court is authorized to issue a writ of ne exeat or an injunction in a dissolution proceeding when a "party is about to remove himself or his property out of the state, or fraudulently convey or conceal it." § 61.11, Fla....

...The October 9 injunction was, in effect, modified when the trial court issued the subsequent injunction. In any event, the October 9 injunction suffers from the same infirmities as the October 14 injunction. [3] The order does not state whether it was entered pursuant to section 61.11(1), Florida Statutes (2009), which provides for injunctions to secure support awards.

fairness as opposed to the strict rule of law. See § 61.011, Fla. Stat. (1995) ("Proceedings under this chapter

...4th DCA 1969) (Concurring opinion, White, Assoc. J.). [7] For example, § 65.05, pertaining to "Effect of decree of divorce upon children," was changed to "Effect of judgment of divorce on children." For similar changes compare § 65.08 to § 61.08; § 65.11 with § 61.11; § 65.15 with § 61.14 and § 65.20 with § 61.19.

...receive credit to the extent of one-half of the payments made pursuant to Paragraph 20 ..." We find this proposition to be untenable in view of the fact that upon the payment of alimony and child support, the money becomes the property of the former wife. See Section 61.11, Florida Statutes (1975)....

...In December 1993 PTS filed this abuse of process case against Mrs. Habie and all of the lawyers who had in any way been associated with her representation, alleging that they improperly obtained the freeze order against PTS for the unlawful purpose of forcing Mr. Habie to settle the dissolution proceedings. Section 61.11, Florida Statutes (1991), grants broad authority to the courts for injunctive relief or "such orders as will secure alimony" when a "party is about to remove himself or his property out of the state." See also Gooding v....

considerations underlying our dissolution law, see section 61.011, Fla. Stat. (1985), compel the trial court

opposed to the strict rule of law."); see also § 61.011, Fla. Stat. (2005) ("Proceedings under this chapter

...See Amendments to the Florida Family Law Rules of Procedure, 723 So.2d 208, 212-15 (Fla.1998); Dep’t of Revenue v. Meade, 827 So.2d 1093, 1094 (Fla. 2d DCA 2002). The statutory provisions, governing the issuance of a writ of bodily attachment in connection with a court-ordered support obligation appear in section 61.11(2), Florida Statutes (2002)....

...port payments.” Id. at 96 . In its opinion in Bess , the Third District did not address the authority of the circuit court to issue a writ of bodily attachment with extraterritorial effect. Therefore, we turn to an examination of the provisions of section 61.11(2) for additional guidance. A review of section 61.11(2) reveals that it contains numerous Florida-specific references. First, section 61.11(2)(a) requires that the writ must include “information on the respondent’s physical description and location as is required for entry of the writ into the Florida Crime Information Center telecommunications system.” Pursuant to su...

...by ruling of the court, the clerk of the court shall notify the sheriff receiving the original writ. That agency shall modify or cancel the entry in the Florida Crime Information Center telecommunications system in accordance with such notification. § 61.11(2)(d), (e)....

...In light of these repeated Florida-specific directions, the execution and enforcement of a writ of bodily attachment in compliance with the statutory directives would be impossible of performance outside the State of Florida. For this reason, we conclude that section 61.11(2) must be construed as limiting the authority of the circuit courts to issue writs of bodily attachment to within the State of Florida....

...rest by law enforcement agencies ignorant of his purge. In that event, Sanders would be unjustly deprived of his liberty until the arresting agency might contact the appropriate Florida agency to inquire concerning the status of the writ. Therefore, section 61.11(2) should be construed to limit the authority of the circuit courts to issue writs of bodily attachment to within Florida so as not to diminish the statute’s procedural safeguards against an unwarranted arrest....

...Rolle, 604 So.2d 813, 815 (Fla.1992)). In Walker , the supreme court found that the legislature intruded upon judicial power when it enacted legislation purporting to divest courts of the power to impose indirect criminal contempt sanctions for specific conduct. By contrast, section 61.11(2) does not intrude upon inherent judicial power to impose civil contempt sanctions in connection with court-ordered obligations. Rather, it is a valid limitation on judicial authority over the manner of enforcing civil contempt sanctions by the use of a writ of bodily attachment. Conclusion We conclude that the circuit court exceeded its authority pursuant to section *654 61.11(2) in issuing a writ of bodily attachment intended to be executed and enforced outside the State of Florida....

...In the event the Former Husband dissipates the funds in said account *662 for any reason other than to satisfy the Court's award, he may be subject to a finding of indirect criminal contempt and all sanctions permitted by law. It is this portion of the order that we reverse. Section 61.11(1), Florida Statutes (2006) provides for the issuance of injunctions under certain circumstances, but only for the purpose of securing alimony or support to the party who should receive it. Section 61.11(1) makes no mention of attorney's fees. The Fourth District Court of Appeal has at least twice determined that section 61.11 does not empower a trial court to enter an injunction to secure an attorney's fee award....

as opposed to the strict rule of law” (citing § 61.011, Fla. Stat. (1995)).

Guidy, 106 Fla. 94, 142 So. 818 (1932)); accord § 61.011, Fla. Stat. (2012) (proceedings under Chapter

...and that utilization of the writ has been deemed to be a valuable resource in the arsenal of remedies available to . a trial court in order to secure alimony and support); Franks v. Franks, 469 So.2d 934 , 934 n. 1 (Fla. 3d DCA 1985) (citing in part section 61.11 and explaining that “[tjhis decision is without prejudice to the appellee to have the final judgment of dissolution enforced and obtain any alimony arrearage or other monies due from appellant under the judgment as allowed by law”) (emphasis added); Pifer v....

work equity in chapter 61 proceedings. See § 61.011, Fla. Stat. (2004) (“Proceedings under this

...It seems particularly unusual that such an extraordinary remedy should be granted in favor of Sontag after she has waited twelve years to seek enforcement of her rights under the Property Settlement Agreement. Although her sworn allegations may have been sufficient in 1988, the same cannot be said twelve years later. Section 61.11(1), Florida Statutes (1997), provides as follows: When either party is about to remove himself or herself or his or her property out of the state, or fraudulently convey or conceal it, the court may award a ne exeat or injunction agains...

action is an action in equity. See § 61.011, Fla. Stat. (2015) (“Proceedings under this chapter

execution. See § 61.16(2), Fla. Stat.; but cf. § 61.11, Fla. Stat. (authorizing a writ of bodily attachment

...Petitioner challenges the trial court’s issuance of an amended writ of bodily attachment, which directs the Sheriffs of Florida to arrest him in Maryland and to bring him to Florida for a hearing to determine his ability to pay support following a contempt finding. We grant the petition as the language of section 61.11(2), Florida Statutes (2005), limits its application to Florida....

...The Sheriff, or other authorized law enforcement personnel, executing this writ or having custody of the individual is authorized to assess and collect the actual costs associated with service of this writ and transportation of the individual pursuant to Section 61.11(2)(a), Florida Statutes. PAYMENT SHALL BE MADE to the Sheriff of ___________________________ County, Florida and shall be in the form of cash, cashier’s check, certified funds, or money order....

...all money and securities in the described bank accounts, on the grounds that this unique kind of temporary, injunctive relief in a dissolution proceeding is improper without also requiring that the wife furnish a bond as required by rule 1.610. See § 61.11(1), Fla....

opposed to the strict rule of law." (citing § 61.011, Fla. Stat. (1995))). Foreclosing a litigant

...ely in the wife’s name. The sum was to be held pending the determination of ownership of the proceeds in the dissolution action. We affirm. The husband presented sufficient evidence at the first of two hearings on the issue to justify relief under section 61.11, Florida Statutes (2004), in that he testified to prior sales of his property by the wife without his knowledge and without any accounting to him of the proceeds of those sales....

PER CURIAM. This is an appeal from the trial court’s entry of an injunction dated April 27, 2006. The injunction was entered pursuant to Section 61.11, Florida Statutes (2005)....

...Browne, 105 Fla. 631 , 142 So. 247 (1932); Hagen v. Viney, 124 Fla. 747 , 169 So. 391 (1986); State ex rel. Khawly v. Knuck, 418 So.2d 1185 (Fla. 3d DCA1982). There is specific statutory authority for issuing a writ of ne exeat to secure alimony or support. Section 61.11, Florida Statutes (1995), states: When either party is about to remove himself or herself or his or her property out of the state, or fraudulently convey or conceal it, the court may award a ne exeat or injunction against the party or t...

govern the ultimate resolution. See § 61.011, Fla. Stat. (2021) (“Proceedings under this chapter

...obligations. Stern v. Stern, 75 So.2d 810 (Fla.1954); Black v. Miller, 219 So.2d 106 (3d DCA Fla.1969): “A court in a divorce action may, . require the husband to give security for the payment of alimony or child support.” Id. at 109 . Fla.Stat. §61.11 (1973): “....

...ved Family Law Forms, which provided valuable assistance. We have jurisdiction. See art. V, § 2(a), Fla. Const. New form 12.962, Writ of Bodily Attachment, fills the need for a standard form in this area of the law and satisfies the requirements of section 61.11, Florida Statutes (2010)....

...The Sheriff, or other authorized law enforcement personnel, executing this writ or having custody of the individual is authorized to assess and collect the actual costs associated with service of this writ and transportation of the individual pursuant to Section 61.11(2)(a), Florida Statutes....

...61.09 action, since the financial obligations of the husband will already have been determined at that time, and her later suit would represent an attempt to adjudicate the same issue twice. Furthermore, in order for a wife to obtain the benefits of Section 61.11, Florida Statutes, F.S.A., which releases her from the control of her husband, and gives her the right to use her alimony, and acquire, use and dispose of other property, uncontrolled by her husband, there must first be a judgment of alimony under Sections 61.-08 or 61.09, Florida Statutes, F.S.A....

THOMPSON, Judge. We affirm the temporary injunction. Injunctions in marital dissolution cases are provided for by section 61.11, Florida Statutes (1995), which provides: When either party is about to remove himself or herself or his or her property out of the state, or fraudulently convey or conceal it, the court may award a ne exeat or injunction against the pa...

...and enforcement, and the injunction concerning the property listed on the financial affidavit made its first appearance in the written order on appeal. Although we recognize that trial courts have the authority to enforce alimony payments with injunctions, see, e.g., § 61.11(1), Fla....

strict rule of law.” 696 So.2d at 700 (citing § 61.011, Fla. Stat. (1995)). Under [chapter 61], the financial

...A trial court has discretion to enter orders to preserve marital assets of the parties for subsequent distribution. Gay v. Gay, 604 So.2d 904, 907 (Fla. 5th DCA 1992); see, e.g., Sandstrom v. Sandstrom, 565 So.2d 914, 914-15 (Fla. 4th DCA 1990) (holding that trial courts, pursuant to § 61.11, Fla.Stat....