Garnishment Action

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

• Clauson v. State
  273 So. 3d 1124· Fla. 3d DCA· 2019-05-08
  Sun Bank appealed a judgment finding it liable for failing to honor a writ of garnishment against all of a debtor's accounts. The court held that Sun Bank was negligent in not garnishing a payroll account and that the account was not a valid trust account exempt from garnishment,
• Gen. R.A.C., Inc. v. Coldwell Banker Residential Real Est., Inc.
  876 So. 2d 606· Fla. 3d DCA· 2004-06-09
  General R.A.C., Inc., a judgment creditor, sought to garnish a $10,000 buyer's deposit held in escrow by Coldwell Banker during the sale of homestead property. The court affirmed the trial court's denial of garnishment, holding that escrowed deposits in real estate transactions r
• Carpenters S. Cal. Admin. Corp. v. Mfrs. Nat'l Bank OF Detroit
  910 F.2d 1339· 6th Cir.· 1990-08-10
  A garnishee-bank may exercise its right of setoff against a depositor's accounts for a debt that matures after the garnishment writ is served, provided the bank acted in good faith in accelerating the debt.
• Herb Harris v. Nicholson
  466 So. 2d 2· Fla. 5th DCA· 1985-02-14
  Harris, a trustee in bankruptcy and individual, was sued in garnishment by creditors seeking to recover a judgment against the judgment debtor. The court reversed the garnishment judgment against Harris in all capacities because the evidence failed to establish that Harris was in
• Capeletti Bros., Inc. v. Wild
  363 So. 2d 10· Fla. 3d DCA· 1978-08-22
  The Florida District Court of Appeal addressed whether a circuit court could discharge garnishment actions pending in county court. The court held that a circuit court lacks jurisdiction to void garnishment proceedings when the garnishor was not a party to the circuit court actio
• Miami Nat'l Bank v. Barnett Bank OF Miami
  350 So. 2d 522· Fla. 3d DCA· 1977-10-04
• Belford Trucking Co., Inc. v. Bartlett
  299 So. 2d 608· Fla. 4th DCA· 1974-08-30
  Belford Trucking Company sought to garnish Transit Casualty Company's insurance proceeds based on a judgment against Bobby Dale Bowman for a fatal accident involving a leased truck. The court held that Bowman, as a lessee who failed to maintain required liability insurance, quali
• Phoenix Ins. Co. v. Helton
  298 So. 2d 177· Fla. 1st DCA· 1974-07-18
  Phoenix Insurance Company appealed a garnishment judgment and attorney's fee award against it following Helton's injury in an automobile incident. The court held that Bracklin's negligent operation of his vehicle did not constitute an intentional act falling under the policy's ex
• Steingold v. Fixel
  226 So. 2d 267· Fla. 3d DCA· 1969-09-09
  A judgment creditor (Fixel) sought to garnish rents from a sublease held by Charles-Stuart Motor Company to satisfy a judgment against that company and its owner. The trial court set aside the company's assignment of its lease interest as a fraudulent conveyance and ordered the g
• Am. Sec. Ins. Co. v. Perry
  198 So. 2d 86· Fla. 3d DCA· 1967-04-18
  The appellate court affirmed a summary judgment for the plaintiff in a garnishment action, holding that the garnishee insurer's defense of lack of insured cooperation was unavailable. The court found the insurer did not make adequate efforts to locate the insured and the insured'