CopyCited 29 times | Published | Supreme Court of Florida | 1996 WL 627562
...TOTAL AMOUNT OF $.......... ORDERED at ...................., Florida, on ..............., 19...... (Name of Clerk) As Clerk of the Court By ______________________ As Deputy Clerk Committee Notes 1992 Amendment. This form is to be used to effectuate section 77.0305, Florida Statutes....
CopyCited 15 times | Published | Supreme Court of Florida | 1992 WL 163953
...was declared unconstitutional in In re T.W.,
551 So.2d 1186 (Fla. 1989). In subdivision (b) of form 1.902, Summons, the title is amended to eliminate confusion by the sheriffs in effecting service. Form 1.907(b), Garnishment, is added to effectuate section
77.0305, Florida Statutes (1991)....
...FOR THE ABOVE TOTAL AMOUNT OF $ ________ ORDERED at _________________, Florida, on ____________, 19__ (Name of Clerk) As Clerk of the Court By ____________________ As Deputy Clerk Committee Notes 1992 Amendment. This form is to be used to effectuate section 77.0305, Florida Statutes....
CopyCited 5 times | Published | Florida 4th District Court of Appeal | 2002 Fla. App. LEXIS 17756, 2002 WL 31696814
...We affirm the trial court's finding the "head of family" exemption under section
222.11, Florida Statutes (2001) did not apply; however, we quash the continuing writ of garnishment because Brock's earnings were not "salary or wages" within the meaning of section
77.0305, Florida Statutes (2001)....
...If Brock's earnings do not qualify for the exemption because they were not "compensation, paid or payable in money of a sum certain, for personal services or labor," then Westport may not reach such compensation with a continuing writ of garnishment. Under section 77.0305, a continuing writ of garnishment is available to garnish "salary or wages." The statute contemplates regular payment of salary or wages....
...professional or semiprofessional services-usu. paid at regular intervals on a yearly basis...." BLACK'S LAW DICTIONARY 1336 (7th ed.1999). "Wage" is defined as "Payment for labor or services, usually based on time worked or quantity produced." Id. at 1573. "Salary or wages" under section
77.0305 falls within the section
222.11(1)(a) definition of "earnings"; the latter statute includes the terms "wages" and "salary" within its description....
CopyCited 4 times | Published | Florida 2nd District Court of Appeal | 1999 WL 122789
...Our record, however, does not explain why he filed this answer when he did. [4] Ms. Parker did not appeal this judgment. She has not actively participated in the garnishment action or in this appeal. Pursuant to Florida Rule of Appellate Procedure 9.020(g)(2), she is an appellee. [5] See §
77.0305, Fla. Stat. (1997) (providing for continuing writs of garnishments against employer for salary or wages). Cf. Hernando County v. Warner,
705 So.2d 1053 (Fla. 5th DCA 1998) (noting that section
77.0305 subjects the county to garnishment proceedings when the judgment debtor is an employee owed wages or salary)....
CopyCited 4 times | Published | Florida 4th District Court of Appeal | 1999 Fla. App. LEXIS 7916, 1999 WL 393656
...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, M.D. Florida | 9 Fla. L. Weekly Fed. B 9, 1995 Bankr. LEXIS 676, 1995 WL 410393
...oan, a transaction, a purchase, a sale, a transfer, or a conversion occurring on or after October 1, 1993. " 1993 Fla.Laws ch. 256. (emphasis added.) The Act also amended and created other sections affecting the availability of exemptions, i.e., (1) Section
77.0305, waiving sovereign immunity regarding garnishment of wages of state and local government employees; (2) Section
222.11, limiting garnishment of wages for heads of families to amounts in excess of $500 per week, with consent; (3) Secti...
...United Guaranty Residential Insurance Company of North Carolina,
645 So.2d 1117, 1118-19 (Fla.Dist. Ct.App.1994). In United Guaranty, which is directly contrary to the decisions in Adkins and Juergens, the creditor insurance company sought to garnish the wages of a county employee under Section
77.0305 of the Florida Statutes in order to satisfy a judgment obtained against the employee in 1986 for breach of a 1983 contract....
CopyCited 3 times | Published | Florida 5th District Court of Appeal | 1998 WL 56027
...Hernando County appeals the trial court's order granting George Warner's petition for a writ of garnishment. We reverse because the doctrine of sovereign immunity bars this garnishment action. In so ruling we hold that the waiver of sovereign immunity provided in section 77.0305 of the Florida Statutes does not apply when (1) the judgment creditor is an independent contractor, or (2) the debt arose before October 1, 1993....
...In his reply to the motion to dismiss Warner asserted that the Corporation was the contractor on a county construction project and that the County owed the Corporation over $10,000 on the contract. Relying on the waiver of sovereign immunity provided in section 77.0305, Florida Statutes (1995), the trial court denied the County's motion to dismiss....
...ocal legislative enactment to the contrary. Metropolitan Dade County v. United Guar. Residential Ins. Co. of N.C.,
645 So.2d 1117, 1118 (Fla. 3d DCA 1994). In this regard, the trial court aptly recognized that in 1993 the Florida legislature amended section
77.0305 of the Florida Statutes, thereby waiving sovereign immunity in certain garnishment proceedings. Section
77.0305, Florida Statutes provides in relevant part: Notwithstanding any other provision of this chapter, if salary or wages are to be garnished to satisfy a judgment, the court shall issue a continuing writ of garnishment to the judgment deb...
...For the purposes of this section, the state includes the judicial branch and the legislative branch as defined in s.
216.011. The state, for itself and for its agencies and subdivisions, waives sovereign immunity for the express and limited purpose necessary to carry out this section. §
77.0305, Fla. Stat. (1993) (emphasis added). Moreover, section
77.0305 "applies only to an attachment, a garnishment, or other legal process that arises as a result of a contract, a loan, a transaction, a purchase, a sale, a transfer, or a conversion occurring on or after October 1, 1993." Ch....
...There has been no legislative waiver of sovereign immunity regarding sums owed to independent contractors. Moreover, the statutory waiver of sovereign immunity applies only to debts arising after October 1, 1993. The instant debt arose prior to 1990. As a result, the trial court erred in determining that section 77.0305 waived sovereign immunity as to the sums owed by the County to the Corporation....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2015 Fla. App. LEXIS 156, 2015 WL 71681
...statutory exemption applies to Florida residents and non-residents alike.
Dena Ulisano (“Creditor”) obtained a final judgment against Frederick
Ulisano III (“Debtor”). To collect on the judgment, Creditor secured the
issuance of a continuing writ of garnishment pursuant to section 77.0305,
Florida Statutes (2013)....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2011 Fla. App. LEXIS 546, 2011 WL 222324
...This appeal stems from an unpaid personal judgment obtained by J. Stuart Baker ("Creditor") against Howard I. Storfer ("Debtor"). Creditor sought to collect the judgment by garnishing Debtor's wages. Creditor filed a motion for a continuing writ of garnishment, pursuant to section
77.0305, Florida Statutes (2009). Garnishee, Debtor's employer, objected to the writ, contending that Debtor was paid by commissions and that commissions were not "salary or wages" as envisioned by section
77.0305. The trial court agreed, reasoning that Debtor, as a commissioned employee, did not have income that was *653 subject to garnishment. We disagree and reverse. Whether commissions are considered "salary or wages" under section
77.0305 is a question of statutory interpretation that is reviewed de novo. See Arnold, Matheny & Eagan, P.A. v. First Am. Holdings, Inc.,
982 So.2d 628, 632 (Fla. 2008). Section
77.0305 provides that: Notwithstanding any other provision of this chapter, if salary or wages are to be garnished to satisfy a judgment, the court shall issue a continuing writ of garnishment to the judgment debtor's employer which provides...
...2d DCA 1984) (holding that commissions are wages within the meaning of section
448.08); Langford v. Paravant, Inc.,
48 So.3d 75, 76 (Fla. 5th DCA 2010) (same). We find the above holdings persuasive in this case. As such, we hold that commissions are "wages," for purposes of section
77.0305 of the garnishment statutes, and reverse the trial court's order....
CopyPublished | Supreme Court of Florida | 2000 Fla. LEXIS 2312, 2000 WL 1472356
...FAILURE TO FILE AN ANSWER WITHIN THE TIME REQUIRED MAY RESULT IN THE ENTRY OF JUDGMENT AGAINST THE GARNISHEE *1130 FOR THE ABOVE TOTAL AMOUNT OF $. ORDERED at.., Florida, on .:, 19.(date).... (Name of Clerk) As Clerk of the Court By- As Deputy Clerk Committee Notes 1992 Amendment. This form is to be used to effectuate section 77.0305, Florida Statutes....
CopyPublished | Florida 3rd District Court of Appeal | 2013 WL 5813970, 2013 Fla. App. LEXIS 17216
...See §
77.01, Fla. Stat. (2011) (“Every person or entity who has sued to recover a debt or has recovered judgment in any court against any person or entity has a right to a writ of garnishment ... to subject any debt due to defendant by a third person .... ”); §
77.0305, Fla....
CopyPublished | Florida 4th District Court of Appeal | 2004 Fla. App. LEXIS 7725, 2004 WL 1196983
PER CURIAM. First Union National Bank of Florida petitions this court for a writ of mandamus to compel the trial court to issue a continuing writ of garnishment pursuant to section 77.0305, Florida Statutes. A final judgment was entered in favor of First Union and against the debtors for $91,353.39. The debtors were credited $76,714.00. First Union moved for a post- *717 judgment continuing writ of garnishment pursuant to section 77.0305 to collect the balance of the debt and the post-judgment interest....
...Because First Union recovered a judgment against the debtors, First Union has the right to a writ of garnishment. §
77.01, Fla. Stat. (2003). Upon motion by the plaintiff (First Union), the court shall issue the continuing writ of garnishment. §§
77.03 and
77.0305, Fla....
CopyPublished | District Court of Appeal of Florida | 1994 Fla. App. LEXIS 5802, 1994 WL 261415
...f household status, the court had rejected a motion for a garnishment judgment for a $60 wage claim, citing section
222.11, Florida Statutes, the head-of-family exemption. Appellant Palm Coast subsequently sought a continuing wage garnishment, under section
77.0305, Florida Statutes....
CopyPublished | District Court of Appeal of Florida | 14 Fla. L. Weekly 1603, 1989 Fla. App. LEXIS 3798, 1989 WL 73855
...Therefore, appellant contends there is no authority for issuance of a continuing writ of garnishment to enforce appellee’s judgment. One week after entry of the order issuing the continuing writ of garnishment in this case, the legislature enacted section 77.0305, Florida Statutes (Supp.1988), which authorizes the issuance of continuing writs of garnishment generally when the subject of the garnishment is the salary or wages of an employee....
CopyAgo (Fla. Att'y Gen. 1998).
Published | Florida Attorney General Reports
court-ordered alimony or child support. Similarly, section
77.0305, Florida Statutes, authorizes a continuing
CopyPublished | Florida 4th District Court of Appeal | 2013 WL 163465, 2013 Fla. App. LEXIS 570
...any attorney’s fees incurred by the firm in “legal proceedings” taken to enforce the retainer agreement. After the attorney-client relationship ended, the law firm recovered a final judgment against Pineiro for $18,398.10. In 2010, pursuant to section 77.0305, Florida Statutes (2010), the law firm secured the issuance of a continuing writ of garnishment directed at American Express....
...Section
77.01, Florida Statutes (2010), states that “[e]very person or entity who ... has recovered [a] judgment in any court against any person or entity has a right to a writ of garnishment, in the manner hereinafter provided[.]” (Emphasis added). To garnish “salary or wages,” section
77.0305 provides that a continuing writ of garnishment is available “to satisfy a judgment.” “After [the] judgment has been obtained,” to secure the issuance of the writ, a plaintiff must file a motion “stating the amount of the judgment.” §
77.03, Fla. Stat. (2010). Reading sections
77.01,
77.03, and
77.0305 together, it is apparent that, for a post-judgment garnishment, the total amount sought to be garnished must be contained in a judgment that exists prior to the issuance of the writ....
CopyPublished | District Court of Appeal of Florida | 1990 Fla. App. LEXIS 6478, 1990 WL 125081
...We reverse. The parties got divorced in 1978. Ten years later, in an attempt to obtain payment of several orders and a judgment from the divorce proceedings, appellee, the former wife, filed a motion for a continuing writ of garnishment, pursuant to section 77.0305, Florida Statutes (Supp.1988)....
...None of the orders of this appeal involve child support or periodic alimony. The language of this section creates an exception to the section
222.11 head of the family exemption: The provisions of chapter 77, or any other provision of law to the contrary notwithstanding, .... Section
77.0305, Florida Statutes This recently enacted section provides for continuing writs of garnishment against wages and salaries, but only for judgments....
