The 2023 Florida Statutes (including Special Session C)
|
||||||
|
. . . See § 77.01, Fla. Stat. (2017). . . .
. . . Under section 77.01, Florida Statutes (2013), “[ejvery person or entity who has sued to recover a debt . . .
. . . Emergency Physicians ($34.62), Jefferson Memorial Hospital ($260.32), and Independent Fire Company ($77.01 . . .
. . . . §§ 77.01-.28. . . .
. . . entitled to garnish property owned exclusively by or due exclusively to Joseph Kod-si,” relying on section 77.01 . . . tangible or intangible personal property of defendant in the possession or control of a third person. § 77.01 . . .
. . . See § 77.01, Fla. . . .
. . . Sand et al., Modern Federal Jury Instructions (Civil) ¶ 77.01, al Instruction 77-3 (2011) ("[Y]ou may . . .
. . . . § 77.01 (“Every person ... who ... has recovered judgment in any court ... has a right to a writ of . . .
. . . Section 77.01, Florida Statutes (2010), states that “[e]very person or entity who ... has recovered [ . . . Reading sections 77.01, 77.03, and 77.0305 together, it is apparent that, for a post-judgment garnishment . . .
. . . . §§ 77.01, 77.0805, Fla. Stat. (2010). . . .
. . . Pursuant to Section 77.01, Florida Statutes (2009), “[e]very person who has ... recovered a judgment . . .
. . . answering the certified question, we first provide an overview of the Florida garnishment statute, sections 77.01 . . . we discuss the proper interpretation of “possession or control” as those terms are used in section 77.01 . . . In Florida, the right to garnishment is created under section 77.01, which states in relevant part: Every . . . make is whether an attorney is in “possession or control” of funds as those terms are used in section 77.01 . . .
. . . . §§ 77.01-77.28. . . . Stat. §§ 77.01 et. seq.; Barbouti v. . . .
. . . an unconfirmed arbitration award qualifies as a debt due subject to garnishment pursuant to section 77.01 . . . statute mandates transformation of an outstanding debt to a judgment in order to be garnishable. § 77.01 . . .
. . . In Count II, Dupont sought garnishment pursuant to section 77.01, Florida Statutes (2002). . . .
. . . Sec. 77.01, Fla. Stat. . . .
. . . General argues, however, that amendments made to section 77.01 and section 77.06(1), Florida Statutes . . . Section 77.01 states, in pertinent part, that a judgment creditor “has a right to a writ of garnishment . . .
. . . . § 77.01, Fla. Stat. (2003). . . .
. . . Revised General Statutes, section 3431 (1920), Compiled General Laws, section 5284 (1927), section 77.01 . . . , Florida Statutes (1941), and section 77.01, Florida Statutes (1965). . . . In 1967, the legislature changed the wording of section 77.01, to the following: Every person who has . . . It is section 77.01 that creates the right to garnishment. . . . Finally, the legislature has expanded the scope of section 77.01 to reach intangible personal property . . .
. . . Sand, et al., Modern Federal Jury Instructions § 77.01, Instruction 77-5). . . .
. . . Metropolitan Area in 1989, 14.24% of total occupied housing units were occupied by black people and 77.01% . . .
. . . See §§ 77.01, 77.06, Fla. . . . This obligation arises out of an interpretation of the “possession and control” language in section 77.01 . . .
. . . . § 77.01 provides that “[E]very person who has ... recovered judgment in any court against any person . . . Stat. § 77.01 (2000). Fla. . . .
. . . StatAnn, § 77.01 (West 1998). . . . McMillian, 859 F.Supp. 560, 563 (N.D.Fla.1994), quoting Fla.Stat.Ann. § 77.01 (West 1998). . . . .
. . . Section 77.01, Florida Statutes, describes the right to garnishment. . . .
. . . See 3 Sand, supra ¶ 77.01, Instr. 77-5, at 77-30. . The Hazen Paper Co. . . .
. . . In 1993, pursuant to section 77.01, Florida Statutes (1993), the garnishment statute, writs of garnishment . . . Instead he proceeded under the garnishment statute (§ 77.01) which contains no statutory provision for . . .
. . . .” § 77.01, Fla.Stat. (1991). . . .
. . . Florida’s garnishment statute, Section 77.01 Fla.Stat. (1991), provides that a judgment creditor may . . .
. . . . § 77.01). . . .
. . . We cannot find any basis for appellees’ argument that section 77.01, Florida Statutes (1989) has altered . . . See § 77.01, Fla.Stat. (1989). . . .
. . . . § 77.01. . . .
. . . (See §§ 77.01 and 77.03, Fla. Stat.). . . . .
. . . .”); 5 Collier on Bankruptcy if 77.01[5] (14th ed. 1978). . . .
. . . The motion alleged that the writs were contrary to section 77.01, et seq., Florida Statutes (1985), in . . .
. . . See section 77.01, Florida Statutes. . . .
. . . Attachment and a Writ of Garnishment should be granted forthwith, pursuant to FS §§ 76.01, et seq. and FS §§ 77.01 . . .
. . . The garnishment statute, section 77.01, Florida Statutes (1979), allows garnishment only of “any debt . . . denied, 271 So.2d 461 (Fla.1972); 13 Fla.Jur.2d Creditors’ Rights and Remedies, §§ 82, 150 (1979). . § 77.01 . . .
. . . MHL § 77.01 (emphasis added). . . .
. . . . § 77.01, Fla.Stat. (1979). . . .
. . . . §§ 77.01, 77.03 Fla.Stat. (1975). . . .
. . . See 7 Moore’s Federal Practice ¶77.01[3], [4] (1978). . . .
. . . And, along similar lines of reasoning, the Florida garnishment statute, FSA §77.01, et seq., was declared . . .
. . . . §§ 77.01, .02 (West Supp.1977), see note 14 supra. . . .
. . . Appellant attacks the constitutionality of Sections 77.01 and 77.03, Florida Statutes (1975), asserting . . . Loan Corp. of Duval, 539 F.2d 1355 (5th Cir. 1976), recently upheld the constitutionality of Sections 77.01 . . . Accordingly, we hold Sections 77.01 and 77.03, Florida Statutes, to be constitutional and remand with . . . Section 77.01, Fla.Stat. (1975) provides: Every person who has sued to recover a debt or has recovered . . .
. . . . §§ 77.01, 77.03, 77.04, 77.07, 77.08 (West Supp. 1977); Brown v. . . .
. . . See Notes of Advisory Committee on Rule 77(d), quoted in 7 Moore’s Federal Practice, ¶ 77.01 [4], at . . .
. . . said to provide statutory. authority for a waiver of sovereign immunity in garnishment proceedings. 77.01 . . .
. . . Circuit Judge: The State of Florida appeals from a district court’s declaratory judgment holding §§ 77.01 . . . Clerk of the Circuit and County Courts of Duval County, issued a writ of garnishment pursuant to §§ 77.01 . . . garnishment was dissolved, Brown brought a class action in federal district court alleging that §§ 77.01 . . . the postjudgment garnishment procedures of Duval County ignores the district court’s holding that §§ 77.01 . . . Sections 77.01 and 77.03, Fla.Stat.Ann. . . .
. . . following Census Tracts of such county: Tracts 4, 8, 9, 10, 11, 12, 13, 14, 15, 19, 20, 21, 22, 23, 24, 25, 77.01 . . .
. . . . § 77.01 (1975) states, in part: “Every person who has sued to recover a debt or has recovered judgment . . . judgment against Spa-nos was clearly a debt within the meaning of the statutory language of Fla.Stat. § 77.01 . . .
. . . See 7 Moore’s Federal Practice ¶ 77.01[4], The primary concern of the advisory committee in proposing . . .
. . . . §§ 77.01, 77.03, and 222.12) were declared unconstitutional for failure to provide notice and a prior . . .
. . . For the reasons set forth below, this Court hereby concludes that it does. 77.01 Right to Garnishment . . . The motion for garnishment was made and the writ of garnishment was issued pursuant to Sections 77.01 . . . Best Diaper Service, and her costs of action; and, it is further Ordered and adjudged: That Sections 77.01 . . . Sections 77.01 and 77.03 of the Florida statutes provide as follows: . . . .
. . . . § 77.01, F.S.A., reads: “Every person who has sued to recover a debt or has receovered judgment in . . . It is clear that Florida garnishment statutory provisions §§ 77.01 and 77.06, F.S.A., do not contain . . . Specifically, 15 U.S.C. § 1673, pre-empts Fla.Stat. §§ 77.01 and 77.06, F.S.A. . . . In conclusion, we hold that 15 U.S.C. § 1673, is a substantive provision and preempts Fla.Stat. §§ 77.01 . . .
. . . jointly liable for a judgment can be named as a garnishee under the Florida Garnishment Statute (F.S. 77.01 . . .
. . . In the Matter of the Penn Central Transportation Co., 354 F.Supp. at 743. . 5 Collier, Bankruptcy § 77.01 . . .
. . . construed in conjunction with the provisions of the general law relating to garnishment, to-wit, Section 77.01 . . .
. . . construed in conjunction with the provisions of the general law relating to garnishment, to-wit, Section 77.01 . . .
. . . 2,106,730.00 85.78 3829. 4/12/65 1,795,801 2,139,148.00 83.96 3500. 4/25/66 1,893,500 2,468,786.70 77.01 . . .
. . . . §§ 77.01 and 77.03, Fla.Stat., F.S.A. . . .
. . . Florida Statute § 77.01 F.S.A., provides: “Every person who has sued to recover a debt or has recovered . . .
. . . . §77.01 F.S.A., ch. 67-254, §27, eff. . . .
. . . . § 77.01, F.S.A.; Oper v. Air Control Products, Inc. of Miami, Fla.App.1965, 174, So.2d 561, 563. . . .
. . . Ch. 77.01 F.S., F.S.A. . . .
. . . The statute (F.S. 77.01, F.S.A.) provides: “Every person who * * * shall have recovered a judgment in . . .
. . . . §§ 77.01, 77.06, 77.18, Fla. Stat., F.S.A. . . .
. . . Section 5284, C.G.L., is the same as Section 77.01, Florida Statutes 1953, F.S.A., and provides that . . . So it can be seen that the court did not consider the question of whether Section 77.01 is applicable . . . our opinion, there is no sound basis for holding that the writ of garnishment provided for by Section 77.01 . . .
. . . Sec. 77.01 et seq., F.S.A. . . .
. . . 342,821.07 53,736.91 289,084.16 275.000. 00 95.13 1939 373,359.83 61,693.09 311,666.74 240.000. 00 77.01 . . .
. . . In 1932, when a receiver was first named for the properties, it was 77.01 miles in length. . . .