Florida Statute 77.02 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 77
GARNISHMENT

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77.02 Garnishment in tort actions.—Before judgment against a defendant no writ of garnishment shall issue in any action sounding in tort.

History.—s. 1, ch. 7352, 1917; RGS 3432; CGL 5285; s. 27, ch. 67-254.

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Amendments to 77.02

Annotations, Discussions, Cases:

Cases Citing Statute 77.02

Total Results: 7 | Sort by: Relevance | Newest First

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Overton A. Currie, an Individual v. Cayman Resources Corp., 835 F.2d 780 (11th Cir. 1988).

Cited 64 times | Published | Court of Appeals for the Eleventh Circuit | 1988 WL 28

no longer owns the security. 15 U.S.C. § 77/(2). 6 . Both the complaint and the

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Fox v. Acadia State Bank, 937 F.2d 1566 (11th Cir. 1991).

Cited 17 times | Published | Court of Appeals for the Eleventh Circuit | 20 Fed. R. Serv. 3d 557, 1991 U.S. App. LEXIS 17966, 1991 WL 135491

subsection (a) of said section).... 15 U.S.C. § 77/(2) (emphasis added). The relevant portion of section

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Barbouti v. Lysandrou, 559 So. 2d 648 (Fla. 3d DCA 1990).

Cited 7 times | Published | Florida 3rd District Court of Appeal | 1990 WL 26684

...II Turning to the attack by the defendants upon the availability of that remedy, we likewise find no error. Of the defendants' several contentions to the contrary, [3] only the claim that pre-judgment garnishment was inappropriate because the action was one "sounding in tort," § 77.02, Fla....

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Waters v. Int'l Precious Metals Corp., 172 F.R.D. 479 (S.D. Fla. 1996).

Cited 5 times | Published | District Court, S.D. Florida | 1996 U.S. Dist. LEXIS 21244, 1996 WL 814728

such security with interest thereon ... 15 U.S.C. § 77/(2). . The Court notes that Defendants have expressed

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Garel & Jacobs, PA v. Wick, 683 So. 2d 184 (Fla. 3d DCA 1996).

Cited 2 times | Published | Florida 3rd District Court of Appeal | 1996 WL 667860

...He should have filed an appearance in the negligence action and there obtained leave of court to be joined as an additional party plaintiff and then renew the motion for garnishment. Finally, we agree generally with the appellant that garnishment may not be employed before judgment in a tort action. § 77.02, Fla....

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Kaser v. Swann, 141 F.R.D. 337 (M.D. Fla. 1991).

Cited 1 times | Published | District Court, M.D. Florida | 1991 U.S. Dist. LEXIS 16028, 1991 WL 323438

Section 12(2) of the Securities Act, 15 U.S.C. § 77/(2) (1988) (referred to as 12(2)); and violation of

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Foster v. Jesup & Lamont Sec. Co., 759 F.2d 838 (11th Cir. 1985).

Published | Court of Appeals for the Eleventh Circuit | 1985 U.S. App. LEXIS 29385

MEMBER NEW YORK STOCK EXCHANGE, INC. . 15 U.S.C.A. § 77/(2) (West 1981). . The actual drilling operations

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