CopyCited 27 times | Published | Florida 4th District Court of Appeal | 2000 WL 275854
...See Commerce Partnership 8098 Ltd. v. Equity Contracting Co., Inc.,
695 So.2d 383, 386-87 (Fla. 4th DCA 1997); In re Estate of Corbin,
391 So.2d 731, 732 n. 1 (Fla. 3d DCA 1980). Aisenberg did not pursue the relief available under the prejudgment garnishment statute, section
77.031, Florida Statutes (1999)....
CopyCited 17 times | Published | District Court, S.D. Florida | 1989 WL 134940
...of the Florida Statutes. See In re Emerald Plaza West,
47 B.R. 590, 591 (Bankr.S.D.Fla.1985); Fine v. Fine,
400 So.2d 1254, 1255 (Fla. 5th DCA 1981). The garnishment statute permits use of the remedy prejudgment against the actual debtor. Fla.Stat. §
77.031; see also Cerna v....
CopyCited 8 times | Published | Supreme Court of Florida
...ior notice or hearing. The court entered an order denying defendant's motion and specifically upheld the validity of the challenged statutes. We disagree. In light of recent judicial treatment of similar prejudgment procedures, we hold that Sections
77.031,
77.04,
77.06, and
77.07, Florida Statutes (1975), insofar as they pertain to prejudgment garnishment, are unconstitutional....
...Otherwise, the remedy of the statute is likely to be defeated. Unique Caterers, Inc. v. Rudy's Farm Co.,
338 So.2d 1067 (Fla. 1976). However, under the standards set by the United States Supreme Court, the statutes are constitutionally deficient in the following respects: 1. Section
77.031, Florida Statutes (1975), allows a writ to issue without judicial supervision....
...statute have been complied with. Only then can the individual have his use and enjoyment of *1033 property protected from arbitrary encroachment. (footnote omitted) For the reasons stated herein, the order of the Circuit Court is reversed. Sections
77.031,
77.04,
77.06, and
77.07, Florida Statutes (1975), insofar as they pertain to prejudgment garnishment, are declared unconstitutional and the writ of garnishment dissolved. The cause is remanded to the Nineteenth Judicial Circuit Court for proceedings consistent herewith. It is so ordered. OVERTON, C.J., and BOYD, ENGLAND, SUNDBERG and KARL, JJ., concur. ADKINS, J., dissents. NOTES [1]
77.031 Garnishment before judgment; procurement....
...issue, if any, made by defendant's motion to plaintiff's motion. [2] Upon entering its order below, the Circuit Court certified the following question to the Fourth District Court of Appeal who, in turn, transferred it here: Are the provisions of §§
77.031,
77.04 and
77.06, FLA....
CopyCited 7 times | Published | Florida 3rd District Court of Appeal | 1990 WL 26684
...motion to dissolve the injunction but only after giving Barbouti the opportunity, which was timely accepted, to post a bond of $1,600,000, to secure a "freeze" of the account pursuant to a pre-judgment writ of garnishment served on the bank. See § 77.031, Fla....
CopyCited 7 times | Published | Florida 3rd District Court of Appeal | 12 Fla. L. Weekly 485
...he property to Ms. Cerna or that it was actually owned by him, although ostensibly titled in her name. Cerna's primary contention here is that neither prejudgment attachment nor garnishment lie under the terms of the respective statutes, §§
76.04,
77.031, Fla....
...merit. It is first clear that prejudgment attachment properly lies in favor of a creditor, such as the bank, when it appears that the debtor is "fraudulently disposing of his property" to avoid payment of a debt. §
76.04(10), Fla. Stat. (1985); see §
77.031, Fla....
CopyCited 5 times | Published | District Court, M.D. Florida
...This is a civil rights action brought by the plaintiff pursuant to 42 U.S.C. § 1983 and its jurisdictional counterpart 28 U.S.C. § 1343(3) to declare unconstitutional the Florida statutory pre-judgment garnishment procedure as set out in Fla.Stat.Ann. §§
77.031,
77.04, and
77.06 et seq....
...On April 6, 1973, the defendant, First National Bank of Tampa, (First National) filed a complaint in the Circuit Court of Hillsborough County, Florida, Case No. 73-3123, demanding *794 judgment against Charles D. Bunton for an alleged debt of $3,678.51. On April 9, 1973, pursuant to Fla.Stat.Ann. § 77.031, First National filed a motion in the state court for garnishment before judgment. The motion for writ of garnishment was filed by the attorney of record for First National and refers to the pending proceeding in the state court. Under Section 77.031 the motion need not be verified, nor supported by affidavit....
...hat the writ of garnishment was not sought to injure Charles Bunton, or the garnishee First Federal Savings and Loan Association of Tampa (First Federal). It does not appear from the file whether a bond had been executed as required by Fla.Stat.Ann. § 77.031(2), however, this issue is not in dispute, and, as a matter of record, the Court has been informed that the required bond was approved and executed by First National in the state proceeding....
CopyCited 3 times | Published | District Court, M.D. Florida | 72 A.F.T.R.2d (RIA) 6453, 1993 U.S. Dist. LEXIS 14464, 1993 WL 413034
...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)....
CopyCited 3 times | Published | Florida 3rd District Court of Appeal
...In support of his counterclaim the appellee caused to be issued a writ of garnishment prior to judgment. Incident thereto, the counterclaimant in his motion for writ of garnishment stated that the debt for which counterclaiment sued therein was just, due and unpaid (§ 77.031(1) Fla. Stat., F.S.A.) and filed a bond (a cash bond in this instance), conditioned as provided for by § 77.031(2) Fla....
CopyCited 2 times | Published | Florida 3rd District Court of Appeal | 1996 WL 667860
...We find the law generally agreeable to the appellant's position. A prejudgment writ of garnishment, which the order under review most closely resembles, is a civil remedy available to a party to secure the anticipated money judgment the party ultimately expects to recover. Section 77.031(2), Florida Statutes (1995) explicitly provides that a motion to procure such writ "shall [be] file[d] in the court where the action is pending...." This is because the writ, being ancillary to the main action, should only be sought where the primary obligation is sought to be enforced. Moreover, it is plain that here, the movant for the prejudgment writ of attachment, did not post a bond as was required by section 77.031(3), Florida Statutes (1995)....
CopyCited 2 times | Published | United States Bankruptcy Court, S.D. Florida. | 1990 Bankr. LEXIS 910
...and entered a money judgment against the Rettemniers. On March 10, 1989, one of the defendants, Florida Physicians Insurance Company, in whose favor a costs judgment had been entered, caused a writ of garnishment to issue pursuant to Fla.Stat. Sec. 77.031(1) (1987), entered against the bank account of the Rettemniers at Harbor Federal Savings and Loan Association of Ft....
..."lien obtained by judgment, levy, sequestration, or other legal or equitable process or proceeding." (emphasis added) The Writ of Garnishment is "legal process" within the meaning of Section 101(32). The Writ of Garnishment was issued by the clerk of the state court pursuant to Section 77.031(1) (1987), and was served by the Sheriff of St....
...r) within twenty (20) days of service or have a default judgment entered against the garnishee pursuant to Fla.Stat. Sec.
77.081 (1987). This Court holds that the post judgment issuance and service of a writ of garnishment pursuant to Fla.Stat. Sec.
77.031(1) (1987) is "legal process" and a "judicial lien" within the meaning of 11 U.S.C....
CopyCited 2 times | Published | Florida 5th District Court of Appeal
...5th DCA 1982) [1982 FLW 1235], but sometimes, as here, contain covenants that are not fully performed at or before closing. [3] 5 Corbin on Contracts § 1104 (1964). [4] As to attachment before debt is due, see section
76.05, Florida Statutes (1981); as to garnishment before judgment, see section
77.031, Florida Statutes (1981).
CopyCited 1 times | Published | United States Bankruptcy Court, M.D. Florida
§§
76.04,
76.05 Fla. Stat. (2018) (attachment); §
77.031, Fla. Stat. (2018) (prejudgment garnishment);
CopyPublished | District Court of Appeal of Florida
prejudgment writ of garnishment pursuant to section
77.031, Florida Statutes. Little posted a
CopyPublished | United States Bankruptcy Court, M.D. Florida | 1989 Bankr. LEXIS 1917
Adversary Proceeding No. 89-442 and is based on Fla.Stat.
77.031. This Statute permits the issuance of a writ
CopyPublished | Supreme Court of Florida | 1976 Fla. LEXIS 4536
of this Court because the trial court ruled Section
77.031, Florida Statutes (1975) unconstitutional.
CopyPublished | District Court of Appeal of Florida | 11 Fla. L. Weekly 703, 1986 Fla. App. LEXIS 6949
from the clerk upon an unverified application. §
77.031, Fla.Stat. (1971). There was a strong indication
CopyPublished | District Court of Appeal of Florida | 1976 Fla. App. LEXIS 14223
pre-judgment garnishment against Shannon, pursuant to §
77.031 et seq., F.S.1973, seeking to attach Shannon’s
CopyPublished | District Court of Appeal of Florida
required for prejudgment writs of attachment. §
77.031(3), Fla. Stat. (2017). They concluded, “equity
