CopyCited 20 times | Published | Court of Appeals for the Eleventh Circuit | 2013 WL 4463006, 2013 U.S. App. LEXIS 17580
...And a judgment creditor
may receive a judgment against a third party in both garnishment actions and
supplementary proceedings. Compare Pollizzi,
52 So. 3d at 789 (upholding money
judgment against third party in supplementary proceeding), with Fla. Stat. §
77.083
22
Case: 11-14379 Date Filed: 08/22/2013 Page: 23 of 32
(“Judgment against the garnishee ....
CopyCited 19 times | Published | Florida 3rd District Court of Appeal | 1996 WL 410683
...See §§ 77.20,.21, Fla.Stat. (1965). [8] As already indicated, if the garnishee is holding money or property worth less than the plaintiff's underlying judgment, then plaintiff's judgment against garnishee cannot exceed the amount specified by subsection
77.06(1). See also §
77.083, Fla.Stat.; Carpenter v....
CopyCited 7 times | Published | Florida 4th District Court of Appeal | 2016 Fla. App. LEXIS 10404, 2016 WL 3626526
...owes to the judgment debtor. See
Sec. Bank, N.A. v. BellSouth Advert. & Publ’g Corp.,
679 So. 2d 795, 800
(Fla. 3d DCA 1996), approved by BellSouth Advert. & Publ’g. Corp. v. Sec.
Bank, N.A.,
698 So. 2d 254 (Fla. 1997).
This is reflected in section
77.083, Florida Statutes (2013), which
provides that “[n]o judgment in excess of the amount remaining unpaid on
the final judgment against the defendant or in excess of the amount of the
liability of the garnishee to the defendant, whichever is less, shall be
entered against the garnishee.” (Emphases added)....
...cannot accept Arrow’s proposition
that garnishment is merely a form of money judgment on which interest is
awardable. Further, there is no express provision in the garnishment
statute for the award of interest, and there is a specific direction in section
77.083, Florida Statutes, that no judgment can be entered against a
garnishee in excess of the amount of its liability to the judgment debtor.
Awarding interest in excess of that amount would be contrary to that
statute and an unconstitutional deprivation of the garnishee’s property
without due process of law....
CopyCited 6 times | Published | District Court, S.D. Florida | 1999 U.S. Dist. LEXIS 4137, 1999 WL 181917
...This Court has given due consideration to all the arguments put forth by the eight Garnishees that answered the Writ of Garnishment issued by the Clerk of the Court. Having found them unavailing, Plaintiffs are entitled to Cuba's blocked assets. In accordance with Fla. Stat. § 77.083, judgment is hereby ENTERED against the Garnishees for the following amounts, representing their indebtedness to ETECSA as put forth in their respective Answers: 1....
CopyCited 5 times | Published | Florida 5th District Court of Appeal | 10 Fla. L. Weekly 2115
...inst the garnishee. United Presidential Life Insurance Co. v. King,
361 So.2d 710 (Fla. 1978); Reeves v. Don L. Tullis & Associates, Inc.,
305 So.2d 813 (Fla. 1st DCA 1975). That the obligation of a garnishee is so limited is further demonstrated by section
77.083 which provides that no judgment in excess of the amount remaining unpaid on the final judgment against the defendant or in excess of the amount of the liability of the garnishee to the defendant, whichever is less, shall be entered against the garnishee....
CopyCited 4 times | Published | Florida 1st District Court of Appeal
...Although the garnishee's answer did not indicate the amount of disposable (or aftertaxes) earnings, the answer did clearly reveal that the stated amount of wages represented gross earnings, and the court below was obligated to conduct a further inquiry as to this issue, under its authority pursuant to §
77.07 and §
77.083, Florida Statutes....
CopyCited 2 times | Published | Court of Appeals for the Eleventh Circuit | 1991 U.S. App. LEXIS 21830, 1991 WL 166716
...(in suit against garnishee, garnishor merely steps into shoes of judgment debtor). If the judgment creditor eventually receives the funds to which it was entitled, then there is no basis for requesting compensation from the garnishee. Fla.Stat.Ann. § 77.083 (garnishee not liable for any amount over that owed by the garnishee to the judgment debtor)....
CopyCited 1 times | Florida 5th District Court of Appeal
...that
under Florida law it lacks subject matter jurisdiction to issue writs
of garnishment seeking to garnish funds held in bank accounts in
jurisdictions outside the territorial limits of the State of Florida”).
Under these circumstances, section 77.083, Florida Statutes
(2023), which provides, in pertinent part, that “[j]udgment against
the garnishee on the garnishee’s answer or after trial of a reply to
the garnishee’s answer shall be entered for the amount of his or
her liabi...
...trial court hold a trial to resolve the factual dispute raised by Navy
Federal’s answer to the writ of garnishment and Veros Credit’s
reply. See Navy Fed.,
396 So. 3d at 592 (holding that when a
plaintiff’s reply contests a garnishee’s answer to the writ of
garnishment, section
77.083 requires a trial or proper evidentiary
hearing to resolve the dispute).
The trial court, however, did not do this....
...in Jacksonville, Florida.
3
judgment of garnishment entered against the garnishee without
notice or hearing and remanding to the trial court to hold a trial or
proper evidentiary hearing consistent with the express
requirement of section 77.083 to resolve the factual dispute on
whether the trial court lacked subject matter jurisdiction over the
bank account).
III
Navy Federal thereafter moved under Florida Rule of Civil
Procedure 1.540(b)(4) to vacate this final judgment....
CopyPublished | Florida 4th District Court of Appeal
...regarding the trial court’s jurisdiction over the subject property. We
conclude that the trial court erroneously entered judgment in garnishment
against Navy Federal Credit Union (“the garnishee”), without first holding
a trial or proper evidentiary hearing as required by section 77.083, Florida
Statutes (2021), to resolve the disputed question of whether it had subject
matter jurisdiction over the garnished property....
...jurisdiction over such accounts. Thus, a trial or proper evidentiary
hearing is necessary to resolve the dispute between the parties and
determine whether the trial court had the authority to enter the judgment
against the garnishee.
Moreover, section
77.083 expressly requires a “trial” before a judgment
can be entered in garnishment if a plaintiff contests the garnishee’s answer
in a reply filed pursuant to section
77.061....
...Compare §
77.061, Fla. Stat.
(2021) (“When any garnishee answers and plaintiff is not satisfied with the
answer, he or she shall serve a reply within 20 days thereafter denying the
allegations of the answer as he or she desires.” (emphasis added)), with §
77.083, Fla....
...(2021) (“Judgment against the garnishee on the
garnishee’s answer or after trial of a reply to the garnishee’s answer shall
be entered for the amount of his or her liability as disclosed by the answer
or trial.” (emphasis added)). Contrary to the express requirement of section
77.083, the trial court did not hold a “trial”—or evidentiary hearing
equivalent to a “trial”—to resolve the dispute between the garnishee’s
answer and the plaintiff’s reply.
Conclusion
Because the trial court did not hold a trial or proper evidentiary hearing
as required by section 77.083 to resolve the dispute between the
garnishee’s answer and the plaintiff’s reply, it is an open question as to
whether the trial court had subject matter jurisdiction over the
proceedings....
CopyPublished | Florida 4th District Court of Appeal
...owes to the judgment debtor. See
Sec. Bank, N.A. v. BellSouth Advert. & Publ’g Corp.,
679 So. 2d 795, 800
(Fla. 3d DCA 1996), approved by BellSouth Advert. & Publ’g. Corp. v. Sec.
Bank, N.A.,
698 So. 2d 254 (Fla. 1997).
This is reflected in section
77.083, Florida Statutes (2013), which
provides that “[n]o judgment in excess of the amount remaining unpaid on
the final judgment against the defendant or in excess of the amount of the
liability of the garnishee to the defendant, whichever is less, shall be
entered against the garnishee.” (Emphases added)....
...cannot accept Arrow’s proposition
that garnishment is merely a form of money judgment on which interest is
awardable. Further, there is no express provision in the garnishment
statute for the award of interest, and there is a specific direction in section
77.083, Florida Statutes, that no judgment can be entered against a
garnishee in excess of the amount of its liability to the judgment debtor.
Awarding interest in excess of that amount would be contrary to that
statute and an unconstitutional deprivation of the garnishee’s property
without due process of law....
CopyPublished | Florida 1st District Court of Appeal | 10 Fla. L. Weekly 768, 1985 Fla. App. LEXIS 13055
...ent. The petitioner should have appealed the trial court’s order which ordered the garnishor to recover $429.94 from the garnishee. Section
77.081, Florida Statutes *630 (1983), refers to a default judgment against a garnishee as a final judgment. Section
77.083 provides for judgment to be entered against the garnishee after his answer or after trial....
CopyPublished | District Court of Appeal of Florida | 1982 Fla. App. LEXIS 19150
...The judgment debtor (or “defendant”) plays a very limited role in the proceedings. Under ordinary circumstances, the writ is served on the garnishee, the garnishee answers, and the plaintiff replies. §§
77.04;
77.061. If no reply is filed, judgment of garnishment may be entered on the garnishee’s answer. §
77.083....
CopyPublished | Florida 3rd District Court of Appeal
... shall receive the principal owed to them, as well as “statutory judgment
interest thereafter until paid.”
Taso raises several issues on appeal, none of which have merit except
for its contention that interest was improperly assessed against it in the Final
Judgment. Section 77.083, Florida Statute (2022) states:
....
...No judgment in excess of the amount remaining unpaid on
the final judgment against the defendant or in excess of the
amount of the liability of the garnishee to the defendant,
whichever is less, shall be entered against the garnishee.
§ 77.083, Fla....
...subject matter of the controversy.” Id. at 1028. In the case before us, that
4
amount is $2,475,271.21. Moreover, unlike section
77.081, Florida Statutes
(2022) which provides for an award of interest, there is no such provision in
section
77.083....
CopyPublished | Court of Appeals for the Eleventh Circuit | 1993 U.S. App. LEXIS 33977
...§§
77.082 and
77.14. Secondly, after the service of the writ and answer by the garnishee, and asstuning there has been no satisfactory surrender, judgment may be rendered against the garnishee for the amount disclosed by the answer or after trial. Fla.Stat. §
77.083....
CopyPublished | Florida 4th District Court of Appeal | 2012 Fla. App. LEXIS 21773, 2012 WL 6601367
...“[G]arnishment does not lie where the amount of indebtedness owing to the defendant is contingent or uncertain.” Chaachou v. Kulhanjian,
104 So.2d 28, 24 (Fla.1958). In the present ease, appellant’s answer did not “disclose[ ]” “the amount of his or her liability” under section
77.083, Florida Statutes, because it stated that appellant “may be indebted to Defendant.” (emphasis added)....
CopyPublished | Florida 2nd District Court of Appeal | 1996 Fla. App. LEXIS 3310
...We hold that the trial court properly vacated a garnishment judgment under Florida Rule of Civil Procedure 1.540(b)(5) 1 because the underlying debt owed by the garnishee to the plaintiff-garnishor’s judgment debtor had been fully satisfied. See § 77.083, Fla.Stat....
CopyPublished | Florida 4th District Court of Appeal
...to the answer—
were still pending before the trial court. Nothing in the record shows
3
appellant should have reasonably expected the hearing on debtor’s claim
of exemption to affect its interests. In fact, section
77.083, Florida
Statutes (2023), expressly requires a trial before a judgment can be
entered in garnishment if a plaintiff contests the garnishee’s answer in a
reply filed pursuant to section
77.061, Florida Statutes (2023)....
