AMERICAN UNIVERSAL INSURANCE COMPANY, APPELLANT,
v.
LAWRENCE KEGAN, A MINOR, BY HIS FATHER AND NEXT FRIEND, BERNARD M. S. KEGAN, AND BERNARD M. S. KEGAN, INDIVIDUALLY, APPELLEES
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The appellate court reversed a judgment against a garnishee in a garnishment proceeding because the underlying judgment in the main case had been reversed. The court cited prior case law establishing that a garnishment judgment is dependent on the main judgment.
Yes, the judgment against the garnishee must be reversed because the garnishment proceeding is dependent on the validity of the main judgment.
“It therefore appears that the judgment for the plaintiff and against the garnishee in the garnishment proceeding must now be reversed upon authority of General Accident Fire and Life Assurance Corp. v. Harris, Fla.App.1960, 117 So. 2d 44 and Travelers Ins. Co. v. Pinkerton-Hays Lumber Co., Fla.App.1960, 120 So. 2d 448.”
This quote establishes the basis for reversing the garnishment judgment, linking it to prior case law.
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Join FLexlaw to unlock all legal intelligenceA final judgment was entered against a garnishee in a garnishment proceeding. This proceeding followed a final judgment in the main case. The appeal o…
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This appeal was brought to review a final judgment against the garnishee in a garnishment proceeding after final judgment. Proceedings in the appeal were stayed pending disposition of an appeal from the final judgment in the main proceeding. This Court has now reversed the final judgment in the main proceeding with directions to enter a judgment for the defendant and the Supreme Court of Florida has denied certiorari directed to that decision.
It therefore appears that the judgment for the plaintiff and against the garnishee in the garnishment proceeding must now be reversed upon authority of General Accident Fire and Life Assurance Corp. v. Harris, Fla.App.1960, 117 So.2d 44 and Travelers Ins. Co. v. Pinkerton-Hays Lumber Co., Fla.App.1960, 120 So.2d 448.
Accordingly, the judgment appealed is reversed with directions to enter a judgment for the defendant garnishee.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Gen. Accident Fire & Life Assurance Corp. v. Harris, 117 So. 2d 44 (Fla. 1st DCA 1960)
- Travelers Ins. Co. v. Pinkerton-Hays Lumber Co., Inc., 120 So. 2d 448 (Fla. 1st DCA 1960)