CopyCited 19 times | Published | Supreme Court of Florida | 33 Fla. L. Weekly Supp. 268, 2008 Fla. LEXIS 755, 2008 WL 1901686
...Section
77.06(3), Florida Statutes (2002), states: In any case where a garnishee in good faith is in doubt as to whether any indebtedness or property is required by law to be included in the garnishee's answer or retained by it, the garnishee *633 may include and retain the same, subject to the provisions of s.
77.19[ [1] ] and subject to disposition as provided in this chapter, and in such case the garnishee shall not be liable for so doing to the defendant or to any other person claiming the same or any interest therein or claiming to have sustained damage on account thereof....
...Accordingly, we answer the certified question in the affirmative and approve the decision of the Second District. We remand to the district court for proceedings consistent with this opinion. It is so ordered. LEWIS, C.J., and WELLS, ANSTEAD, QUINCE, CANTERO, and BELL, JJ., concur. NOTES [1] Section 77.19, Florida Statutes (2002), states, "No garnishee ....
...onging to the judgment debtor). [6] The repealed portion provided: A bank or other financial institution authorized to accept deposits, upon being served with a writ of garnishment, shall report in its answer and retain, subject to the provisions of s. 77.19 and subject to disposition as provided in this chapter, any deposit, account or tangible or intangible personal property in the possession or control of such garnishee, if the deposit or ownership records of such bank or other financial inst...
...icate of such service at the address of the defendant as shown on the records of the bank. §
77.06(2), Fla. Stat. (1983) (emphasis added). Section
77.06(2) now reads: The garnishee shall report in its answer and retain, subject to the provisions of s.
77.19 and subject to disposition as provided in this chapter, any deposit, account, or tangible or intangible personal property in the possession or control of such garnishee; and the answer shall state the name or names and addresses, if known to...
CopyCited 19 times | Published | Florida 3rd District Court of Appeal | 1996 WL 410683
...We also conclude that BellSouth misapprehends the problem which subsection
77.081(2) is designed to address. On a prejudgment writ of garnishment the garnishee is allowed to withhold "double the amount which the writ of garnishment specifies as the amount plaintiff expects to recover...." §
77.19, Fla.Stat....
...ed no greater liability than it had when it was served with the writ. This ignores the consequences of a default and the provisions of the next section of the statute: The garnishee shall report in its answer and retain, subject to the provisions of s. 77.19 and subject to disposition as provided in this chapter, any deposit, account, or tangible or intangible personal property in the possession or control of such garnishee; and the answer shall state the name or names and addresses, if known to...
CopyPublished | District Court of Appeal of Florida | 10 Fla. L. Weekly 1695, 1985 Fla. App. LEXIS 14968
...(Supp.1980); thus, its inclusion in the writ was implicit. Moreover, upon being served with the writ of garnishment, the garnishee bank was required by section 77.-06(2), Florida Statutes (1983), to retain any deposit or account of the defendant, subject to the limitations of section 77.19. Section 77.19 permits the bank to retain up to “double the amount which the writ of garnishment specifies as the amount plaintiff expects to recover or ......
CopyPublished | Court of Appeals for the Eleventh Circuit
title 22, § 1004 et seq. (1983); Utah Code Ann. § 77-19-13 (1982); Wyo.Stat. § 7-13-901 et seq. (Cum.Supp
CopyPublished | Court of Appeals for the Eleventh Circuit
...The court stated that to hold otherwise would leave the court open to the possibility of unnecessary piecemeal judicial review. Id. This case, however, is different from Aeromar. In this case, the FAA’s determination was not subject to reconsideration. The FAA made a finding of no obstruction under 14 C.F.R. § 77.19 (c)(1), and that finding is not subject to discretionary review under § 77.37....
...al objection to it in an aeronautical study, or any person who has a substantial aeronautical objection to it but was not *958 given an opportunity to state it, may petition the Administrator, within 30 days after issuance of the determination under § 77.19 or § 77.35 or revision or extension of the determination under § 77.39(c), for a review of the determination, revision, or extension. This paragraph does not apply to any acknowledgement issued under § 77.19(c)(1). (emphasis added). . The FAA's determination fell under § 77.19(c)(1), which states that the construction or alteration does not qualify as an obstruction....
CopyPublished | District Court of Appeal of Florida | 11 Fla. L. Weekly 765, 1986 Fla. App. LEXIS 7052
...creditor Chase. The final judgment under review is therefore, in all respects, Affirmed. . Section
77.06(2), Florida Statutes (1983), specifically so provides: "(2) [The garnishee] shall report in its answer and retain, subject to the provisions of s.
77.19 and subject to disposition as provided in *1356 this chapter, any deposit ... in the possession or control of such garnishee." . Section
77.19, Florida Statutes (1983), specifically so provides: "No garnishee who is indebted to or has in his possession the money of a person whose money or credits may be garnished shall retain out of the money more than double the amount which...
...case where a garnishee in good faith is in doubt as to whether any indebtedness or property is required by law to be included in the garnishee’s answer or retained by it, the garnishee may include and retain the same, subject to the provisions of s. 77.19 and subject to disposition as provided in this chapter, and in such case the garnishee shall not be liable for so doing to the defendant or to any other person claiming the same or any interest therein or claiming to have sustained • damage on account thereof.” .See, e.g., Bell v....
