SEVEN-UP BOTTLING COMPANY OF MIAMI, INC., APPELLANT,
v.
J. N. RAWLEIGH COMPANY, FLORIDA, A FLORIDA CORPORATION, ET AL., APPELLEES
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The court held that defenses available to the original writ of garnishment are not available in response to a writ of Scire Facias.
The garnishee failed to answer a Writ of Garnishment, resulting in a default judgment. An oral motion to vacate the default was denied, and the garnis…
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Garnishee, Seven-Up Bottling Company of Miami, Inc., appeals a final judgment of garnishment in the amount of $4,088.60 plus costs and interest in favor of plaintiff, J. N. Rawleigh Company.
The garnishee failed to answer the Writ of Garnishment and default judgment was entered. An oral motion to vacate the default was denied and the garnishee subsequently attempted to raise the defense of no debt in the response to the Writ of Scire Facias.
It is well settled that defenses available to the original Writ of Garnish*181ment are not available in response to the Writ of Scire Facias. The purpose of the latter writ is to give the party against whom execution is about to issue, notice so that he may urge defenses which have arisen after creation of the original record. See and compare Barrow v. Bailey, 1853, 5 Fla. 9; Gilchrist v. Meacham, 1850, 3 Fla. 219, 234 (two cases); Brown v. Harley, 1848, 2 Fla. 159; 29 Fla.Jur. Scire Facias §2; 3 Fla.Jur. Attachment and Garnishment, §§ 112, 114; Rule 2.12 Rules of Civil Procedure, 31 F.S.A.; Chapter 77 Florida Statutes, F.S.A.
We have carefully considered the other assignments of error urged on appeal and find no error.
Affirmed.
SMITH, C. J., and WHITE and SHANNON, JJ., concur.
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Citator
Cited By
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Terrazzo & Marble Supply Co., Inc. v. The Columbia Bank OF Ybor City, 173 So. 2d 475 (Fla. 2d DCA 1965)…prior warning, and he remained there until October 5, 1963, during which time he was prohibited by his doctor from transacting any business. The appellant relies on the case of Seven-Up Bottling Company of Miami v. J. N. Rawleigh Co., Fla.App.1963, 156 So. 2d 180, 181, in which this court affirmed the trial court’s refusal to allow the' garnishee to raise the defense of no debt in response to the writ of scire facias. The court relied on the well-established rule that defenses available to the original writ…
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Malone v. Pace Fin. Co., Inc., 208 So. 2d 470 (Fla. 1st DCA 1968)…See Florida Investment Enterprises, Inc., v. Kentucky Company, Inc., (Fla.App.1964) 160 So. 2d 733; Ser-Nestler, Inc. v. General Finance Loan Company, (Fla.App.1964) 167 So. 2d 230; Seven-Up Bottling Company v. J. N. Rawleigh Company, (Fla.App.1963) 156 So. 2d 180. WIGGINTON, C. J., and CARROLL, DONALD K., and SPECTOR, JJ., concur.…
Authorities Cited
- Barrow v. William Bailey de bonis non of John Bellamy, 5 Fla. 9 (Fla. 1853)
- Brown v. Harley, 2 Fla. 159 (Fla. 1848)
- Gilchrist v. Banks Meacham, 3 Fla. 219 (Fla. 1850)