CopyCited 281 times | Published | Court of Appeals for the Eleventh Circuit | 1999 U.S. App. LEXIS 27985, 1999 WL 982407
...In an effort to collect the judgment, Freedom hired Charles
and Justin Mayall. After the Mayalls' efforts proved unsuccessful, Freedom, on the advice of its lawyer, Kass
Hodges, filed with the Clerk of the Circuit Court of Hillsborough County, Richard Ake, a motion for a writ
of garnishment pursuant to section § 77.03 of the Florida Code.
On May 17, 1995, Ake issued the writ of garnishment, which was directed to the Army National
Bank where John Malowney and his wife, Susan, maintained a checking account....
CopyCited 24 times | Published | Florida 4th District Court of Appeal | 2001 WL 883234
...A judgment holder may obtain issuance of a garnishment writ by filing a motion "stating the amount of the judgment and that movant does not believe that defendant has in his or her possession visible property on which a levy can be made sufficient to satisfy the judgment." § 77.03, Fla....
CopyCited 20 times | Published | Court of Appeals for the Eleventh Circuit | 2013 WL 4463006, 2013 U.S. App. LEXIS 17580
...gment. Compare B & I Contractors, Inc. v.
Mel Re Constr. Mgmt.,
66 So. 3d 1035, 1037-38 (Fla. 2d Dist. Ct. App. 2011)
(noting that supplementary proceedings are initiated with an affidavit and a motion
to implead the third party), with Fla. Stat. §
77.03 (explaining that writ of
garnishment is issued upon motion by judgment creditor)....
CopyCited 15 times | Published | Supreme Court of Florida
...Clayton, of Clayton, Duncan, Johnston, Quincey, Ireland, Felder & Gadd, Gainesville, for appellant. J. Michael Davis, of the Law Offices of Lansing J. Roy, Gainesville, for appellees. HATCHETT, Justice. Appellant attacks the constitutionality of Sections
77.01 and
77.03, Florida Statutes (1975), [1] asserting that these sections are unconstitutional because they fail to provide a garnishee with prior notice and an opportunity to be heard on the issues of whether or not the garnishee in fact holds wages or other monies owing to the garnishment debtor....
...King obtained a judgment against Julius, the judgment debtor, in the sum of $13,247. At the time King obtained this judgment, Julius was a commission agent for United Presidential Life Insurance Company. King filed a motion with the trial court, pursuant to Section 77.03, Florida Statutes (1975), for the issuance of a writ of garnishment against United....
...In the present case, the validity of the underlying claim was already established by the court. The federal circuit court in Brown v. Liberty Loan Corp. of Duval,
539 F.2d 1355 (5th Cir.1976), recently upheld the constitutionality of Sections
77.01 and
77.03, Florida Statutes....
...When the trial judge was presented with facts which made it appear inequitable to enforce the final judgment against the garnishee, he should have exercised his discretion and set aside the final judgment pursuant to Fla.R.Civ.P. 1.540. Accordingly, we hold Sections
77.01 and
77.03, Florida Statutes, to be constitutional and remand with directions to the trial court to dissolve the default, set aside the final judgment, allow United to answer, and proceed in accordance with this opinion....
...control of a third person. The officers, agents and employees of any companies or corporations are third persons in regard to the companies or corporations, and as such are subject to garnishment after judgment against the companies or corporations. Section 77.03, Fla....
CopyCited 14 times | Published | District Court, S.D. Florida | 215 U.S.P.Q. (BNA) 358, 1981 U.S. Dist. LEXIS 16432
Unfair Competition, Trademarks and Monopolies § 77.3 at 349 (3rd ed. 1969). Plaintiff presented a substantial
CopyCited 12 times | Published | District Court, M.D. Florida | 1974 U.S. Dist. LEXIS 11893
...Morgan Slaughter (as clerk of the Circuit and County Courts of Duval County). The sheriff of Duval County served this writ on plaintiff's employer, Baby's Best Diaper Service, on July 26, 1973. The motion for garnishment was made and the writ of garnishment was issued pursuant to Sections
77.01 and
77.03 of the Florida Statutes....
...writ is exacerbated by the fact that Florida law no longer requires that the judgment creditor state under oath that, to his knowledge, the wage earner is not the head of a family or is otherwise entitled to an exemption under Florida law. Fla.Stat. § 77.03....
..., times an annual interest rate of 6% for the number of days that said funds were withheld from her by the named plaintiff's employer, Baby's Best Diaper Service, and her costs of action; and, it is further Ordered and adjudged: That Sections
77.01,
77.03 and 222.12 of the Florida Statutes, to the extent that they authorize and permit the post-judgment garnishment of wages of an individual without first providing notice of said garnishment and an opportunity for a hearing to contest the propriet...
...f the case without the necessity of trial since there is no genuine issue of material fact, and even though only the plaintiff has filed a motion for summary judgment. 6 Moore's Federal Practice ¶
56.12 at 2241 (2d Ed. 1974). [2] Sections
77.01 and
77.03 of the Florida statutes provide as follows:
77.01 Right to Garnishment Every person who has sued to recover a debt or has recovered judgment in any court against any person, natural or corporate, has a right to a writ of garnishment, in the man...
...or control of a third person. The officers, agents and employees of any companies or corporations are third persons in regard to the companies or corporations, and as such are subject to garnishment after judgment against the companies or corporations. 77.03 Writ; Procurement After Judgment After judgment has been obtained against defendant but before the writ of garnishment is issued, the plaintiff, his agent or attorney, shall file a motion (which shall not be verified or negative defendant's...
...Linning,
132 So.2d 802 (1st D.C.A.Fla.1961). However, this requirement was abrogated in 1967 by the present statute which now requires the plaintiff to "file a motion (which shall not be verified or negative defendant's exemptions) . . .." Fla.Stat. §
77.03 (1969)....
CopyCited 9 times | Published | Florida 1st District Court of Appeal | 1975 Fla. App. LEXIS 14783
...Upon motion for rehearing the trial judge vacated his prior final judgment and entered judgment in favor of appellee and against the garnishee, appellant here. This appeal resulted. The proper procedure for resolving issues incident to garnishment proceedings is set forth in Chapter 77 Florida Statutes. F.S. § 77.03 provides for the issuance of a writ of garnishment at the behest of a judgment holder....
CopyCited 6 times | Published | District Court of Appeal of Florida
...ersonal labor or services of such person. [2] The prime question presented to us for decision is whether the affidavit to be filed by a judgment creditor as a basis for the issuance of a writ of garnishment, in addition to the facts required by F.S. § 77.03, F.S.A., must also aver that the money or other thing held by the garnishee subject to the commands of the writ is not due for the personal labor or services of the head of a family residing in this state....
...s affidavit the prerequisite facts negating the judgment debtor's entitlement to the exemption afforded by the statute. The judgment appealed is accordingly affirmed. Affirmed. CARROLL, DONALD K., Chief Judge, and STURGIS, J., concur. NOTES [1] F.S. § 77.03, F.S.A....
CopyCited 6 times | Published | District Court, M.D. Florida | 226 U.S.P.Q. (BNA) 801, 1985 U.S. Dist. LEXIS 17883
Callman, Unfair Competition, Trademars and Monopolies § 77.3 at 349 (3d ed. 1969). The Klondike bar has been
CopyCited 5 times | Published | Florida 2nd District Court of Appeal
...Financial Corporation, appellee Chatelier moved for a writ of garnishment against appellant Joseph Hauser. Chatelier's one-sentence motion for the writ did not allege the amount of the garnishor's claim, nor otherwise comply with the requirements of Section 77.03, Florida Statutes (1975)....
CopyCited 4 times | Published | Florida 4th District Court of Appeal | 1999 Fla. App. LEXIS 7916, 1999 WL 393656
...rather, the word "may" denotes that it is up to the debtor to inject that issue into the case. This reading is consistent with the garnishment statute, which does not require a garnishor's motion for garnishment to "negative defendant's exemptions." § 77.03, Fla....
...er the earlier version of the statute. The "officer" who issued the continuing writ of garnishment in this case was the clerk of courts. [1] For a continuing writ, the statutory term "officer" also includes the circuit judge who authorized the writ; section 77.0305, Florida Statutes (1997), provides that the "court shall issue a continuing writ of garnishment to the judgment debtor's employer." Applying such an interpretation to this case, section 222.12 required that the affidavit raising the "...
...answer to the writ disclosed funds consisting of draws, expense reimbursement, and capital account disbursements, in addition to salary. Cadle caused a continuing writ of garnishment to issue. [3] Such a writ applies *1141 only to "salary or wages." § 77.0305, Fla....
CopyCited 3 times | Published | United States Bankruptcy Court, N.D. Florida | 21 Fla. L. Weekly Fed. B 795, 2009 Bankr. LEXIS 1775, 2009 WL 1872677
...recovered a judgment in any court against any person or entity has a right to a writ of garnishment ...." (emphasis added). Accordingly, the fact of the undisputed judgment entitled HFC to pursue execution by garnishment. Although prior to 1967, the predecessor to section 77.03, Florida Statutes (2009), required a judgment creditor *540 to affirmatively negate the garnishment-Defendant's ability to claim an exemption, the present version no longer requires any affirmative action on behalf of a creditor to nega...
CopyCited 1 times | Published | District Court, S.D. Florida | 1999 U.S. Dist. LEXIS 15110, 1999 WL 755947
...nt or attorney, shall file a motion ... stating the amount of the judgment and that movant does not believe that defendant has in his or her possession visible property on which a levy can be made sufficient to satisfy the judgment." Fla. Stat. Ann. § 77.03 (West 1998) (emphasis added)....
...can procure from the Clerk of Court writs of garnishment against the same entity as long as the full amount of the judgment has not been satisfied. See Pls.' Opp. Mem., at 3. Plaintiffs cite to no legal authority in support of their understanding of Section 77.03, which they concede is the proper statutory basis for issuing post-judgment writs of garnishment....
...AT & T's reading of the March 18, 1999 Omnibus Order not only accurately reflects the plain meaning of this Court's language, it also comports with this Court's intent. By granting Plaintiffs' Motion For Second Writ Of Garnishment only as to Sprint Corporation, this Court did not implicitly authorize Plaintiffs to subvert Section 77.03 of the Florida Statutes by procuring Writs of Garnishment from the Clerk of the Court without prior judicial authorization....
CopyCited 1 times | Published | United States Bankruptcy Court, M.D. Florida | 44 Collier Bankr. Cas. 2d 79, 13 Fla. L. Weekly Fed. B 185, 2000 Bankr. LEXIS 500, 2000 WL 622748
...Fed.R.Civ.P. 69(a) (2000). Fla. Stat. §
77.01 provides that "[E]very person who has . . . recovered judgment in any court against any person, natural or corporate, has a right to a writ of garnishment . . .". Fla. Stat. §
77.01 (2000). Fla. Stat. §
77.03 sets forth the procedure to obtain a writ of garnishment after a judgment has been obtained. Fla. Stat. §
77.03 (2000)....
CopyPublished | Court of Appeals for the Eleventh Circuit
...In an effort to collect the judgment, Freedom hired Charles and
Justin Mayall. After the Mayalls’ efforts proved unsuccessful, Freedom, on the
advice of its lawyer, Kass Hodges, filed with the Clerk of the Circuit Court of
Hillsborough County, Richard Ake, a motion for a writ of garnishment pursuant to
section § 77.03 of the Florida Code.
On May 17, 1995, Ake issued the writ of garnishment, which was directed to
the Army National Bank where John Malowney and his wife, Susan, maintained a
checking account....
CopyPublished | Florida 3rd District Court of Appeal | 2014 Fla. App. LEXIS 18438, 2014 WL 5836146
...of the appeal bond, or to oppose the issuance of the writs of garnishment, or to
seek an emergency stay of short duration to finalize the bond—if they had properly
served their “motions for garnishment after judgment” on counsel for Charter
Schools. Section 77.03, Florida Statutes (2013), “Issuance of writ after judgment,”
requires that a motion for such a writ “shall” be filed, and the motions in fact were
filed (but not served) in the underlying case on June 10 and 11, 2014, days bef...
CopyPublished | District Court, S.D. Florida | 1955 U.S. Dist. LEXIS 2349
the performance of the duty cast upon it by Section 77. 3. The petition of St. Joe Paper Company and of
CopyPublished | District Court of Appeal of Florida
creditors obtained the writ of garnishment under section
77.03, Florida Statutes (2019), which allows for the
CopyPublished | District Court of Appeal of Florida
costs. He then filed in the cause pursuant to section
77.03, Fla. Stat., F.S.A., an affidavit for writ of
