Florida/Georgia Personal Injury & Workers Compensation

...Fla.Stat. § 76.12 (1987). [11] Furthermore, attachment is not the sole remedy that Frio Ice seeks under Florida law. Attachment is available only to enforce a creditor's rights against "the goods and chattels, lands and tenements" of the debtor. Fla.Stat. § 76.01....

...the order of the Court entered on September 22, 1977. The defendants also moved ore tenus at a hearing before the Court on June 7, 1978 to dissolve a writ of attachment on defendants' real property on the ground that the Florida attachment statute, Section 76.01 et seq., Florida Statutes, is unconstitutional....

...records is erroneous. Attachment, a remedy designed to ensure the availability of assets to satisfy a possible final judgment, see § 76.13 Fla. Stat. (1985), is only properly directed at securing a debtor's "goods and chattels, land and tenements." § 76.01, Fla....

...This is not so because we have determined that the order is ineffective to adjudicate title to the escrow fund. Attachment is available to enforce a creditor's rights only against "the goods and chattels, lands and tenements of his debtor," language which does not include a fund of money. § 76.01, Fla....

...With these factors in mind, we cannot and therefore do not hold that books and records which have no inherent value and are obviously sought only for the purposes of discovery fall within the statutory definition of "goods and chattels, lands and tenements" under section 76.01, Florida Statutes (1985)....

...The judgment is reversed, and the cause is remanded with directions to dismiss the complaint. Reversed. HENDRY, Chief Judge (concurring specially, dissenting in part). I respectfully disagree with the majority's interpretation of § 76.09 Fla. Stat., F.S.A. In § 76.01 Fla....

...rties to the suit. None of these factors, however emotionally appealing, can justify a departure from our duty to apply neutral and settled principles of law to all who come before us. Reversed with directions. NOTES [1] Attachment, as authorized by Section 76.01, et....

...Hickey, 320 So.2d 17 (Fla. 4th DCA1975). Although there are statutory means in Florida to obtain attachment or garnishment, the specific requirements were not met by the allegations set out in the complaint filed by Ted Irwin and Irwin Yacht and Marine Corporation. See, § 76.01 et seq., and § 77.031, Florida Statutes (1991)....

debtor’s “goods and chattels, land and tenements.” § 76.01, Fla.Stat. (1985). Consequently, the portion of

...Stat. (2013). Therefore, whether an alcoholic beverage license may be the subject of a writ of attachment is a question of statutory construction. We review such questions de novo. Waste Mgmt., Inc. v. Mora, 940 So. 2d 1105, 1107 (Fla. 2006). Section 76.01, Florida Statutes (2013), provides that “[a]ny creditor may have an attachment at law against the goods and chattels, lands, and tenements of 2 his or her debtor under the circumstances and...

...While the term “goods and chattels” occasionally refers to tangible personal property only, the term is typically used in a loose sense to refer to “personal property of any kind.” Black’s Law Dictionary 702 (7th ed. 1999). Therefore, the plain language of section 76.01 does not answer the question presented in this appeal. We need not delve further into the meaning of “goods and chattels,” because section 561.65(4), Florida Statutes (2013), which is more specific to alcoholic beverage licenses, precludes attachment of such a license, even if section 76.01 ordinarily applies to general intangibles....

...(Overseas), S.A., 503 So.2d 1297 (Fla. 3d DCA), rev. denied, 513 So.2d 1060 (Fla.1987), where the court held that financial and property records are not subject to attachment. The Luskins conclude that the rule in Cerna should apply to executions as well because section 76.01, Florida Statutes (1989), which defines the property that is subject to attachment, is precisely the same as section- 56.061, Florida Statutes, which defines property that is subject to execution....

...at 1297 . Thus, even assuming that the Luskins’ analogy has merit, any papers which have “inherent value” could still be subject to execution. Second, the analogy appears to be without merit because the two sections are not precisely the same. Section 76.01 provides that “[a]ny creditor may have an attachment at law against the goods and chattels, lands and tenements of his debtor,” while section 56.061 provides that “[ljands and tenements, goods and chattels, equities of redemption in real and personal property, and stock in corporations, shall be subject to levy and sale under execution.” Unlike section 76.01, the list of items in section 56.061 does include certain papers and documents of value....

...only be appropriate under extraordinary circumstances or when legal remedies are shown to be inadequate and the right to recover is clear. Cohen v. Hardman, 416 So.2d 498 (Fla.App.1982). The statute dealing with this subject in this State, Fla.Stat. 76.01, et seq., does not authorize the attachment of funds of money, Fine v....

...Florida. Based on the foregoing, there is hardly any question that the relief sought by the Debtor, at least in the manner in which it is presented, is neither supported by general legal principles governing attachments in general, nor by Fla.Stat. § 76.01, et seq....

...filed, has no application because this was not a superse-deas or stay order bond. The bond involved in this case was not provided for by statute. The attachment statute authorizes attachment against real estate as well as against personal property. Section 76.01, Fla.Stat., F.S.A....