Ancillary Proceedings

129 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Reynolds v. Reynolds
  309 F.2d 395· 5th Cir.· 1962-11-02 ·cited 2×
  The court held that the plaintiff's post-divorce action seeking ownership of insurance policies was an independent proceeding, not ancillary to the divorce, and thus required proper service of process.
• Greenlight Fin. Servs., Inc. v. Union Am. Mortg., Inc.
  971 So. 2d 983· Fla. 3d DCA· 2008-01-02 ·cited 1×
  The court held that Florida courts have jurisdiction to entertain discovery objections when a foreign commission is issued under the Uniform Foreign Depositions Law, even without an accompanying Florida lawsuit.
• Murray W. Miller v. Transamerican Press, Inc.
  709 F.2d 524· 9th Cir.· 1983-06-24 ·cited 1×
  The court held that the speech or debate privilege protects questions about a former Congressman's sources of information, but not questions about republication of material outside Congress. The court also affirmed the denial of sanctions.
• Sumrall v. Shearn Moody, Jr.
  620 F.2d 548· 5th Cir.· 1980-07-03 ·cited 1×
  The court held that the federal district court correctly enforced the Alabama damage judgments against Moody, as his challenges lacked merit.
• Katz v. Katz
  107 Fla. 219· Fla.· 1932-11-14 ·cited 1×
  A. Ray Katz appealed a mortgage foreclosure decree that ranked his mortgage as third in priority after two earlier mortgages. The Florida Supreme Court affirmed the lower court's decision, holding that Katz failed to prove the equitable circumstances necessary to elevate his thir
• In re Amendments to Fla. Probate Rules 5.171 & 5.205
  Fla.· 2026-10-01
  Florida Probate Rule 5.171 is deleted as duplicative of statutory law, and Rule 5.205 is amended to require filing of evidence of death under section 731.103, Florida Statutes, rather than specifically an official death certificate, and to prohibit courts from requiring such evid
• Stevens v. Mila Brown
  Del.· 2026-02-13
  Owen Stevens appealed the Family Court's denial of his motion to reargue or reopen ancillary proceedings in his divorce from Mila Brown. The Delaware Supreme Court affirmed, holding that Stevens' motion for reargument was untimely and that he failed to demonstrate excusable negle
• Davis v. Evanston Ins. Co.
  M.D. Fla.· 2024-02-26
  A supplementary proceeding under Florida Statute § 56.29 to implead an insurer into an existing state court judgment is not an independent civil action removable to federal court, as it is ancillary to the original state court litigation.
• Sec. & Exch. Comm'n v. Harbor City Cap. Corp.
  M.D. Fla.· 2023-01-30
  The court held that it has exclusive jurisdiction over the property and that Benworth's continued pursuit of a state foreclosure action in violation of a federal stay order may warrant contempt sanctions.
• Stansell v. UBS Fin. Servs., Inc.
  11th Cir.· 2022-08-23
  In consolidated appeals concerning efforts to enforce a $318 million terrorism judgment against the Revolutionary Armed Forces of Colombia (FARC), the Eleventh Circuit held that plaintiffs seeking to garnish assets of third parties must prove those parties qualified as agencies o
• Schmoker v. Schmoker
  Fla. 2d DCA· 2021-11-03
  The appellate court reversed a Florida circuit court's dismissal of a divorce petition. The lower court incorrectly believed a prior, dismissed Maryland divorce action and ongoing arrearage enforcement prevented it from exercising jurisdiction.
• 212 W. 18 L L C v. Kozel
  Fla. 2d DCA· 2021-04-16
  The appellate court reversed a default judgment and damages award against a third-party defendant. The court found that because the underlying judgment against the principal debtor had been reversed, the proceedings supplementary to collect that judgment against the third party w
• Sadrac Isnord v. Laurens Magloire Isnord
  222 So. 3d 602· Fla. 4th DCA· 2017-07-19
• In re THE Liquidation OF Freestone Ins. Co. C.A. No. 9574-VCL
  Del. Ch.· 2016-07-07
  The Delaware Court of Chancery denied the Bank's motion to lift the anti-suit injunction, holding that allowing the Bank to litigate its third-party claims against Freestone in the South Carolina Action would contravene the policies of the Uniform Insurers Liquidation Act, interf
• Newell
  Del.· 2015-09-02
  The Court denied the Husband's motion for an interim disbursement from the marital estate to cover private school tuition expenses, holding that tuition payment is a child support issue, not an ancillary matter concerning marital property division. The Court also denied the Wife'
• United States v. Rivers
  2014 U.S. Dist. LEXIS 164734· M.D. Fla.· 2014-07-31
  The court held that a defendant's claim that his attorney failed to file objections to a forfeiture order, without more, is insufficient grounds to set aside a forfeiture money judgment and preliminary order of forfeiture.
• United States v. Hess
  982 F.2d 181· 6th Cir.· 1992-12-11
  The court held that the district court erred by ruling on the trustee's motion before Black River's response time expired and by failing to hold a hearing as required by Rule 41(e).
• Smith v. Lorillard, Inc.
  945 F.2d 745· 4th Cir.· 1991-09-17
  A state court need not conduct a new minimum contacts analysis for garnishment orders if it had personal jurisdiction over the defendant in the original action.
• Ellsworth P. Scales v. Scales
  469 So. 2d 855· Fla. 4th DCA· 1985-05-08
  In this appeal, the court addresses whether Florida courts have personal jurisdiction over a non-resident former spouse who initiated URESA proceedings in Florida. The court affirms that section 88.291 of the Florida Statutes provides absolute immunity from jurisdiction in ancill
• Strickland v. Commerce Loan Co. OF Jacksonville
  158 So. 2d 814· Fla. 1st DCA· 1963-12-19
  Georgia Strickland appeals the dismissal of her complaint alleging wrongful garnishment against Commerce Loan Company. The court holds that a common-law cause of action exists for wrongful and malicious seizure of property under a garnishment writ, and reverses the dismissal beca
• Goldenkoff v. Gen. Accident Fire & Assurance Corp., Ltd.
  116 So. 2d 780· Fla. 3d DCA· 1960-01-04
  Petitioner Goldenkoff obtained a judgment in circuit court and then sought garnishment to enforce it. The trial judge transferred the garnishment proceeding to Civil Court of Record based on the amount in controversy being less than $5,000. The District Court of Appeal reversed,
• Holsinger v. City OF Fresno
  246 F.2d 263· 9th Cir.· 1957-06-18
  The appeal is dismissed as moot because the judgment in the principal action dissolved the injunction and dismissed the ancillary action, rendering the grievance moot.
• Belkin v. Fleming
  161 F.2d 197· Emer. Ct. App.· 1947-05-01
  The court held that it lacked jurisdiction to adjudicate the complainant's maximum prices because the issue was not raised in the enforcement court and concerned application, not validity, of the regulation.
• Moore Bros. Const. Co. v. City of ST. Louis
  159 F.2d 586· 7th Cir.· 1947-02-11
  The court held that a letter from Boudreau to Fitch, stating no unfinished business, conclusively proved a settlement and negated Boudreau's claim or his estate's claim to fees in the case.