THEODORE R. AWBREY, RELATOR,
v.
THE HONORABLE EMERY NEWELL, JUDGE OF THE JUVENILE AND DOMESTIC RELATIONS COURT, IN AND FOR PALM BEACH COUNTY, RESPONDENT
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This case addresses whether a Juvenile and Domestic Relations Court had jurisdiction to issue a garnishment writ to enforce child support arrearages. The court held that the statutes governing the Juvenile and Domestic Relations Court did not authorize the issuance of garnishment writs, and therefore granted a writ of prohibition to prevent enforcement of the garnishment judgment.
The court held that Chapter 65-707, Laws of Florida, 1965, and specifically subsections (3) and (4) of Section 9, do not authorize the issuance of a writ of garnishment by the Juvenile and Domestic Relations Court. Therefore, a writ of prohibition was issued to prevent enforcement of the garnishment judgment.
[1] A writ of prohibition may issue to prevent the enforcement of a judgment rendered without jurisdiction.
[2] A Juvenile and Domestic Relations Court's jurisdiction is governed by specific legislative acts, which may supersede general jurisdictional statutes.
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“In our opinion they do not authorize the issuance of a writ of garnishment. We base our conclusion on the language of the aforesaid sections as construed in conjunction with the provisions of the general law relating to garnishment”
The court's core holding that the Juvenile and Domestic Relations Court statute did not grant jurisdiction to issue garnishment writs.
Previewing 1 of 2 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceTheodore R. Awbrey was ordered to pay accrued child support of $10,920.00 to Sammie Jean Awbrey (Tyson). A writ of garnishment was issued from the Juv…
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This is an original action filed herein by Theodore R. Awbrey as relator for a writ of prohibition against The Honorable Emery Newell, Judge of the Juvenile and Domestic Relations Court for Palm Beach County, Florida. From the suggestion filed by relator it appears that Judge Newell entered an order directing him to pay Sammie Jean Awbrey (Tyson) accrued child support in the amount of $10,920.00. By subsequent proceedings, Sammie Jean Awbrey (Tyson) secured a writ of garnishment from the Juvenile and Domestic Relations Court on 15 April 1971 directed to Southern Bell Telephone and Telegraph Company. Following the issuance of the writ, Judge Newell entered a final judgment in garnishment on 28 June 1971. The final judgment recites that Southern Bell owed Theodore R. Awbrey $30,000.00 and directed Southern Bell to pay the amount of the support arrearages to Sammie Jean Awbrey (Tyson) who has been permitted by this court to intervene in these proceedings. On the basis of the suggestion we entered a Rule Nisi to which no response has been filed.
The issue is whether or not the Juvenile and Domestic Relations Court for Palm Beach County had jurisdiction to issue a writ of garnishment. The controlling statute with respect to jurisdiction in this matter is Chapter 65-707, Laws of Florida, 1965, and specifically subsections (3) and (4) of Section 9 of that statute.* We have carefully considered those provisions. In our opinion they do not authorize the issuance of a writ of garnishment. We base our conclusion on the language of the aforesaid sections as construed in conjunction with the provisions of the general law relating to garnishment, to-wit, Section 77.01 et seq., F.S.1969, F.S.A., and particularly Section 77.08 thereof.
For the foregoing reasons a writ of prohibition shall issue from this court prohibiting enforcement by the respondent of the aforesaid final judgment in garnishment.
REED, C. J., WALDEN, J., and MORROW, RUSSELL O., Associate Judge, concur.
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The Honorable Emery Newell v. Awbrey, 277 So. 2d 18 (Fla. 1973)…McCAIN, Justice. In this certiorari proceeding, we have for review the following decision of the District Court of Appeal, Fourth District, reported at 260 So. 2d 281: “Per Curiam. “This is an original action filed herein by Theodore R. Awbrey as relator for a writ of prohibition against The Honorable Emery Newell, Judge of the Juvenile and Domestic Relations Court for Palm Beach County, Florida. From the sugge…