ANN S. ADAMS, APPELLANT,
v.
I.C.M.A. RETIREMENT CORPORATION, APPELLEE
ANN S. ADAMS, APPELLANT,
I.C.M.A. RETIREMENT CORPORATION, APPELLEE
452 So. 2d 1001
Florida District Court of Appeal, Third District (1984)
Positive Treatment
Cited by 1 case
Opinion of the Court
PER CURIAM.
Where a trial judge is presented with facts which make it appear inequitable to enforce a final default judgment against a garnishee, he may, in the exercise of discretion, set aside the judgment so as to permit a hearing. See United Presidential Life Insurance Co. v. King, 361 So. 2d 710 (Fla.1978).
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Foxbridge, Inc. v. Tartan-Laver Delray, Inc., 528 So. 2d 1255 (Fla. 4th DCA 1988)…ich made it appear inequitable to enforce the final judgment against the garnishee, he should have exercised his discretion and set aside the final judgment pursuant to Fla.R,Civ.P. 1.540. Id. at 713. See also, Adams v. ICMA Retirement Corporation, 452 So. 2d 1001 (Fla. 1st DCA 1984). Similarly, by not acting to relieve the inequity apparent in this judgment, where the garnishee did not have actual notice of .the garnishment proceedings against it, the lower court abused its discretion. Accordingly, we rever…
Authorities Cited
- United Presidential Life Ins. Co. v. Macon M. King, 361 So. 2d 710 (Fla. 1978)