Prejudgment Garnishment

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

• ITT Cmty. Dev. Corp. v. Barton
  569 F.2d 1351· 5th Cir.· 1978-03-24 ·cited 70×
  A civil contempt adjudication cannot stand if the underlying order is invalid. The court found the turn-over order invalid because it was not authorized by Florida law, the All Writs Act, or the court's inherent powers.
• Sec. Bank, N.A. v. Bellsouth Advertising & Publ'g Corp.
  679 So. 2d 795· Fla. 3d DCA· 1996-07-24 ·cited 53×
  Security Bank appeals the trial court's denial of its motion to set aside a final judgment in a garnishment proceeding brought by BellSouth. The court affirms the denial of the motion to set aside the default on liability but reverses and remands regarding the final judgment on d
• Weinstein v. Yoram Aisenberg
  758 So. 2d 705· Fla. 4th DCA· 2000-03-09 ·cited 39×
  A temporary injunction to freeze bank assets in a conversion action is improper where the plaintiff has an adequate remedy at law in the form of money damages, notwithstanding allegations that the defendant may dissipate assets and render a money judgment uncollectible.
• Finkelstein v. Se. Bank, N.A.
  490 So. 2d 976· Fla. 4th DCA· 1986-05-07 ·cited 33×
  This case addresses whether a trial court may issue a preliminary injunction freezing assets in a private family trust prior to judgment in a Florida RICO and Anti-Fencing Act civil suit. The Fourth District Court of Appeal reversed the injunction, holding that while such relief
• Etta Jane Brown v. Liberty Loan Corp. OF Duval
  539 F.2d 1355· 5th Cir.· 1976-10-06 ·cited 33×
  Due process does not require notice and an opportunity for a hearing on entitlement to an exemption before postjudgment garnishment of wages under Florida law.
• Unique Caterers, Inc. v. Rudy's Farm Co.
  338 So. 2d 1067· Fla.· 1976-09-23 ·cited 33×
  The Florida Supreme Court held that Chapter 76 of the Florida Statutes, governing prejudgment attachment procedures, is unconstitutional as applied because it fails to provide adequate procedural due process protections. While the Court affirmed the judgment for the creditor in t
• United Presidential Life Ins. Co. v. Macon M. King
  361 So. 2d 710· Fla.· 1978-02-23 ·cited 31×
  United Presidential Life Insurance Co. challenges the constitutionality of Florida's postjudgment garnishment statutes, arguing they violate due process by failing to provide prior notice and hearing to the garnishee. The Florida Supreme Court upholds the constitutionality of the
• BellSOUTH Advertising & Publ'g Corp. v. Sec. Bank, N.A.
  698 So. 2d 254· Fla.· 1997-08-21 ·cited 30×
  The Florida Supreme Court addressed whether a statute imposing liability on a garnishee for the full amount of the plaintiff's judgment applies to post-judgment garnishments. The Court held that the statute only applies to prejudgment garnishments, requiring notice and proof of d
• Dorcas Bond and Barbara Baldwin v. Dentzer
  494 F.2d 302· 2d Cir.· 1974-03-13 ·cited 26×
  The dissenting judge would affirm the lower court's decision, finding that wage assignment constitutes state action and violates due process.
• Robinson v. Loyola Found., Inc.
  236 So. 2d 154· Fla. 1st DCA· 1970-03-17 ·cited 14×
  Tenants appealed a summary judgment for breach of a real estate lease, challenging the trial court's jurisdiction over their persons based on constructive service via property attachment. The First District Court of Appeal affirmed, holding that the attachment was valid based on
• Lebowitz v. Forbes Leasing & Fin. Corp. (a
  456 F.2d 979· 3d Cir.· 1972-02-24 ·cited 12×
  Pennsylvania's foreign attachment procedures are not unconstitutional as applied to a nonresident defendant before their general appearance, even if alternative long-arm jurisdiction exists.
• In re the Arb. between Nat'l Bulk Carriers, Inc. v. Nat'l Bulk Carriers, Inc.
  597 F.2d 819· 2d Cir.· 1979-04-03 ·cited 8×
  The court held that allegations of arbitrator misconduct, including abdication of duty and misstatement of settlement offers, did not meet the stringent criteria for vacating an arbitration award under the Federal Arbitration Act.
• State v. Miller
  373 So. 2d 677· Fla.· 1979-07-18 ·cited 4×
  The Florida Supreme Court upheld the constitutionality of section 713.76, which allows a property owner to recover their vehicle from a mechanic's possessory lien by posting a bond equal to the final bill. The court held that the statute provides adequate procedural safeguards an
• Ctr. P'rs Mgmt., Ltd. v. Cache, Inc.
  657 F. Supp. 48· S.D. Fla.· 1986-11-24 ·cited 2×
  The court held that the plaintiff's complaint for interpleader was an inappropriate method for resolving the dispute, as the claimants did not have adverse claims to the specific fund. Interpleader is not a substitute for prejudgment garnishment.
• In re Brio Petroleum, Inc. v. Fina Supply, Inc.
  800 F.2d 469· 5th Cir.· 1986-09-19 ·cited 2×
  A seller's right to stop goods in transit continues until the buyer actually receives the goods, and a third party is not considered a subpurchaser if the seller is unaware of the subpurchase agreement.
• Matthews v. Wood
  485 So. 2d 472· Fla. 2d DCA· 1986-03-19 ·cited 2×
  The court held that the trial judge did not abuse discretion in dissolving a prejudgment writ of garnishment after an extensive hearing where substantial questions were raised about the grounds for the writ.
• Bath & Kitchen Boutique, LLC v. Little
  390 So. 3d 44· Fla. 3d DCA· 2023-09-06 ·cited 1×
  Financial discovery is impermissible cat-out-of-the-bag discovery subject to certiorari relief where it seeks confidential financial information not relevant to claims at issue, not involving punitive damages, and not part of postjudgment proceedings. A trial court cannot use the
• RAY Lein Constr., Inc. v. Wainwright
  346 So. 2d 1029· Fla.· 1977-05-26 ·cited 1×
  The Florida Supreme Court held that Florida's prejudgment garnishment statutes violate the Due Process Clause because they allow writs to issue without judicial supervision, based on unsworn complaints with no factual allegations, and without requiring an immediate post-seizure h
• Power Rental OP CO, LLC v. Virgin Islands Water & Power Auth.
  M.D. Fla.· 2021-01-27
  The court held that Florida's prejudgment garnishment statute does not apply to bank accounts located outside of Florida, and thus, it lacked jurisdiction to garnish the defendant's accounts held in the Virgin Islands.
• W. Coach Corp. v. Shreve
  475 F.2d 754· 9th Cir.· 1973-03-06
  The court held that Arizona's prejudgment garnishment laws are unconstitutional as they violate the due process clause by not providing adequate notice and opportunity for a hearing.
• Cinerama, Inc. v. United States Dist. Court FOR the Dist. OF Haw. & the Honorable Martin Pence
  436 F.2d 977· 9th Cir.· 1971-02-10
  The petition for a writ of mandamus is denied.