Florida Statute 77.13 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 77
GARNISHMENT

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77.13 Execution on garnishee’s refusal to surrender property.—If garnishee will not surrender the personal property belonging to defendant, provided he or she has the power to do so, and which garnishee has admitted is in his or her possession, the court may order execution issued against garnishee for the unpaid amount of plaintiff’s judgment against defendant. The officer shall sell garnishee’s property as under other executions. Garnishee may release his or her property from the levy and sale by surrendering the property of defendant to the officer levying the execution at the time appointed for the sale of garnishee’s property so levied on, or at any time before the day of the sale and by paying the costs of the proceedings to sell up to the time of the surrender.

History.—s. 5, ch. 43, 1845; RS 1675; GS 2139; RGS 3441; CGL 5294; s. 27, ch. 67-254; s. 393, ch. 95-147.

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Amendments to 77.13

Annotations, Discussions, Cases:

Cases Citing Statute 77.13

Total Results: 2 | Sort by: Relevance | Newest First

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Cont'l Nat'l Bank v. Tavormina (In re Masvidal), 10 F.3d 761 (11th Cir. 1993).

Published | Court of Appeals for the Eleventh Circuit | 1993 U.S. App. LEXIS 33977

...may be rendered against the garnishee for the amount disclosed by the answer or after trial. Fla.Stat. § 77.083. The judgment against the garnishee may then be enforced by means of execution and levy on any of the garnishee’s property. Fla. Stat. § 77.13 ....

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Greater Orlando Aviation Auth. v. Fed. Aviation Admin., 939 F.2d 954 (11th Cir. 1991).

Published | Court of Appeals for the Eleventh Circuit

...§ 77.21(a) states that the obstruction standards "apply to a planned facility or use, or a change in an existing facility or use, if a proposal therefor is on file with the Federal Aviation Administration or an appropriate military service on the date the notice required by § 77.13(a) is filed.” ....

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