Prejudgment Attachment

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

• United States v. Benitez
  779 F.2d 135· 2d Cir.· 1985-12-13 ·cited 2×
  The court affirmed the district court's decision to distribute the interpleader fund pro rata among the defrauded claimants, finding that the result would be the same under either federal or New York law.
• AIR Power, Inc. v. The United States
  741 F.2d 53· 4th Cir.· 1984-08-09 ·cited 2×
  A state court's designation of itself as a 'court not of record' does not preclude it from being considered a 'court of record' for federal tax lien priority purposes under 26 U.S.C. § 6323(a) if it possesses the attributes of a court of record under federal law.
• Deal v. Newport Datsun Ltd.
  706 F.2d 141· 4th Cir.· 1983-05-11 ·cited 2×
  The court held that the commencement of an ejectment proceeding, without interference with possession pending trial, does not violate federal constitutional rights actionable under 42 U.S.C.A. § 1983.
• Intercon Research Assocs., Ltd. v. Dresser Indus., Inc.
  696 F.2d 53· 7th Cir.· 1982-12-17 ·cited 2×
  The court held that the district court did not err in dismissing Dresser Industries as a party defendant because the requirements for permissive joinder under Federal Rule of Civil Procedure 20(a) were not met, and such joinder would be unfair.
• Cohen v. Hardman
  416 So. 2d 498· Fla. 5th DCA· 1982-07-07 ·cited 1×
  No. In a 5-4 decision, Justice Byron R. White wrote the majority opinion reversing the lower court. The Supreme Court held that speech of public employees is generally only protected when they speak on matters of public concern. Meyers’ speech only dealt with personal and inte
• New Venture of Destin, LLC v. Silver Shells Prop. Owners Ass'n, Inc.
  Fla. 1st DCA· 2025-12-23
  An order granting summary judgment on some counts of a multi-count complaint, while expressly withholding entry of final judgment pending resolution of remaining claims, is not appealable as a non-final order under Florida Rule of Appellate Procedure 9.130(a)(3)(B) or (C)(ii) bec
• Frasher v. FOX Distrib. OF S.W. Fla., Inc.
  813 So. 2d 1017· Fla. 2d DCA· 2002-04-05
  Scott Frasher appeals a trial court's order denying his motion to dissolve a prejudgment writ of attachment issued by Fox Distributing. The court held that Fox's affidavit supporting the writ failed to meet statutory and constitutional requirements because it relied on hearsay an
• Ilkka Jalaskari v. The Bank OF Nova Scotia
  802 So. 2d 1220· Fla. 2d DCA· 2002-01-11
  Ilkka Jalaskari appeals a summary judgment denying him damages for wrongful replevin of his vessel by Bank of Nova Scotia. The court reverses, holding that a party whose property is wrongfully replevied is entitled to damages for the entire period of wrongful possession, not limi
• The Bared & Co., Inc. v. Landis & GYR Powers, Inc.
  650 So. 2d 633· Fla. 3d DCA· 1995-01-25
  This appeal concerns whether Florida Statute section 255.071(4), enacted to provide remedies for subcontractors on government projects to recover unpaid amounts, applies retroactively to contracts entered into before the statute's effective date. The court held that the statute a
• United States v. Spiegel
  995 F.2d 138· 9th Cir.· 1993-05-13
  A district court presiding over a criminal case lacks jurisdiction to modify an OTS restraining order, even if it impacts the defendant's ability to pay attorney fees.
• Banque Nordeurope S.A. v. Pravin Banker
  970 F.2d 1129· 2d Cir.· 1992-07-29
  The court held that the order vacating the attachment was not appealable because it did not present an important question of law and turned on the facts of the case.
• Sunrise Point, Inc. v. Foss
  373 So. 2d 438· Fla. 3d DCA· 1979-07-31
  Florida appellate court reviewed a lower court's denial of a motion to discharge a lis pendens filed against a condominium project. The court held that a lis pendens may not be filed against property when the complaint seeks only money damages or creditor relief without asserting