Scire Facias

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

• Como D. Massey v. Pineapple Orange Co.
  87 Fla. 374· Fla.· 1924-04-05 ·cited 43×
  The Florida Supreme Court held that a judgment lien expires twenty years after the judgment's rendition regardless of revival proceedings by scire facias, and that execution levied more than twenty years after judgment does not bind property subsequently purchased by a third part
• Beulah v. Johnson
  93 So. 2d 390· Fla.· 1957-02-06 ·cited 36×
  The Florida Supreme Court held that where a divorce decree or property settlement agreement expressly provides for alimony payments to continue during the wife's lifetime and unmarried status, the former husband's estate remains liable for such payments after his death, reversing
• B. A. Lott, Inc. v. Padgett
  153 Fla. 304· Fla.· 1943-07-09 ·cited 34×
  B.A. Lott, Inc., holder of a federal deficiency judgment against Dyer, seeks to partition real estate that Dyer acquired and then conveyed to the Baldwins. The Florida Supreme Court holds that the federal judgment became a lien on the property when Dyer acquired it, even though e
• Ellison v. Allen
  8 Fla. 206· Fla.· 1858-01-01 ·cited 33×
  This case concerns the statute of non-claim for estate claims and whether ordering writs of scire facias to bring an estate administrator as a defendant constitutes sufficient presentation of a claim to toll the two-year bar period. The court held that the two-year limitation per
• Khalil Burshan, M.D. v. Nat'l Union Fire Ins. Co. OF Pittsburgh
  805 So. 2d 835· Fla. 4th DCA· 2001-08-08 ·cited 31×
  The Fourth District Court of Appeal held that Florida's five-year statute of limitations for actions on judgments does not bar garnishment proceedings or judgment registration, because garnishment is a post-judgment enforcement mechanism rather than a common-law action on a judgm
• Garner v. I. E. Schilling Co.
  128 Fla. 353· Fla.· 1937-06-02 ·cited 27×
  A Florida Supreme Court case addressing whether an attorney of record employed by a minor's next friend can validly receive payment of and enter satisfaction for a judgment obtained in the minor's name. The court held that such payment is valid and binding on the minor, as the at
• State v. All Fla. Sur. Co.
  59 So. 2d 849· Fla.· 1952-07-08 ·cited 23×
  The Florida Supreme Court held that a surety bond conditioned for appearance to answer a felony charge could not be estreated when the defendant failed to appear for a misdemeanor charge that was transferred to a different court. The court emphasized that the surety's liability i
• Ser-Nestler, Inc. v. Gen. Fin. Loan Co. OF Miami Nw.
  167 So. 2d 230· Fla. 3d DCA· 1964-09-15 ·cited 19×
  A garnishee (Ser-Nestler, Inc.) appeals a judgment entered against it in a garnishment action brought by General Finance Loan Company to satisfy a debt owed by Dave and Emma Grace. The trial court reduced the garnishment judgment to $480 based on wage exemptions and declared the
• Barrow v. William Bailey de bonis non of John Bellamy
  5 Fla. 9· Fla.· 1853-01-01 ·cited 19×
  A conveyance of all a debtor's property for a price substantially below fair market value, made by a debtor in financial distress to a relative with knowledge of the debtor's inability to pay existing creditors, constitutes constructive fraud against creditors even without proof
• The Union Bank of Fla. v. The Heirs & Terretenants of Jeremiah Powell
  3 Fla. 175· Fla.· 1850-01-01 ·cited 19×
  The Union Bank of Florida sought to revive a joint judgment against Jeremiah Powell's estate through scire facias, but the Florida Supreme Court affirmed the lower court's dismissal based on a statutory bar. The court held that a plaintiff must affirmatively demonstrate that proc
• Anderson v. E. W. Agnew & Co.
  38 Fla. 30· Fla.· 1896-06-01 ·cited 18×
  Anderson, as administrator of a deceased defendant's estate, appealed a judgment against E. W. Agnew & Co. in a trover action for conversion of cedar wood. The Florida Supreme Court affirmed, holding that proceedings taken to revive the suit against the executor within the statut
• Moseley v. Doe
  2 Fla. 429· Fla.· 1849-01-01 ·cited 18×
  This ejectment action concerns whether a sale of land under a junior judgment's writ of fieri facias defeats the lien of an elder judgment. The Florida Supreme Court holds that a judgment creates a perpetual lien on the debtor's real estate from the date of judgment, which cannot
• Brown v. Harley
  2 Fla. 159· Fla.· 1848-01-01 ·cited 16×
  A Florida Supreme Court case addressing the proper procedure for scire facias writs to revive judgments. The Court reversed the lower court's judgment, finding the scire facias writ defective because it alleged suggestion of execution to the now-defunct Superior Court rather than
• Merritt v. Daffin
  24 Fla. 320· Fla.· 1888-06-01 ·cited 15×
  The Florida Supreme Court held that an administrator of a deceased person's estate is the sole necessary party to a foreclosure suit on real property, and that a decree of foreclosure binds the heirs even though they were not named parties to the suit. This resolved whether heirs
• Chambers v. Blickle Ford Sales, Inc.
  313 F.2d 252· 2d Cir.· 1963-01-23 ·cited 11×
  The court held that a claim against directors for corporate misconduct under New York law, characterized as a tort in Connecticut, is not a 'debt due' within the meaning of Connecticut's garnishment statute, and thus not attachable.
• West v. State
  75 Fla. 342· Fla.· 1915-03-05 ·cited 11×
  This case addresses whether technical defects and alleged variances in bail bond documents invalidate bond forfeiture proceedings against sureties. The Florida Supreme Court holds that minor irregularities and clerical errors in designating the court or describing the offense do
• In re Florida Rules of Civil Procedure
  139 So. 2d 129· Fla.· 1962-03-21 ·cited 10×
  The court adopted and approved amendments to the Florida Rules of Civil Procedure, effective July 1, 1962, repealing inconsistent rules and statutes.
• United States v. Reed
  117 F.2d 808· 5th Cir.· 1941-02-27 ·cited 10×
  The court held that the trial court lacked jurisdiction to remit a forfeited bond penalty because the principal's default was willful, failing to meet a statutory prerequisite.
• Christopher v. Newnham
  34 Fla. 370· Fla.· 1894-06-01 ·cited 10×
  This case addresses whether a writ of error was properly served to acquire jurisdiction over the defendant in error in an appeal from a claim suit judgment. The Florida Supreme Court held that service of the scire facias on an attorney who was not the attorney of record in the cl
• Pyles v. Beall
  37 Fla. 557· Fla.· 1896-01-01 ·cited 9×
  The Florida Supreme Court upheld its dismissal of a writ of error against John D. Beall, holding that the plaintiffs in error failed to properly serve the required scire facias within the prescribed time and manner. Although plaintiffs demonstrated diligent efforts to serve Beall
• Gen. Fin. Corp. OF Fla. v. Northside Bank OF Miami
  212 So. 2d 917· Fla. 3d DCA· 1968-07-30 ·cited 8×
  General Finance Corporation appealed the trial court's order setting aside a default judgment and writ of scire facias against Northside Bank of Miami as garnishee. The appellate court affirmed, holding that proper service of process is essential to due process and that the defau
• Frieda Rader and Paul Rader v. Mfrs. Cas. Ins. Co. OF Philadelphia
  242 F.2d 419· 2d Cir.· 1957-03-05 ·cited 8×
  The appellate court held that the District Court should have dismissed the complaint for lack of jurisdiction, not on res judicata grounds, because indispensable parties destroyed diversity jurisdiction.
• State OF Tenn. v. Taylor
  169 F.2d 626· 6th Cir.· 1948-07-07 ·cited 8×
  The court held that the district court's injunction against the state's quo warranto proceeding was an unwarranted infringement on state sovereignty, violating the Eleventh Amendment.
• Landreth v. Wabash R. Co.
  153 F.2d 98· 7th Cir.· 1946-01-18 ·cited 8×
  The court held that the prior decision by the Illinois Industrial Commission, which became a final and binding decision after the Superior Court dismissed the plaintiff's appeal, acted as res judicata, barring the current FELA action.
• Pyles v. Beall
  37 Fla. 549· Fla.· 1896-01-01 ·cited 8×
  The Florida Supreme Court dismissed a writ of error in an ejectment case because the plaintiffs failed to properly serve the scire facias on the defendant, who was a resident of the state. The Court held that acknowledging service of abstract and assignment of errors papers does
• Hill v. Barns
  103 Fla. 87· Fla.· 1931-10-14 ·cited 7×
  The Florida Supreme Court rejected a writ of prohibition challenging a circuit court's denial of a motion to dismiss a writ of error for failure to issue and serve a scire facias. The Court held that when a writ of error is taken from a civil court of record to a circuit court, t
• Fash v. Clark & Ferris
  8 Fla. 16· Fla.· 1858-01-01 ·cited 7×
  Leonard Fash appealed a judgment in favor of garnishees Clark & Ferris on a garnishment proceeding arising from an attachment against Williamson, Zaratin & Co. The Florida Supreme Court reversed and remanded for a new trial, finding that the trial court's jury instruction imprope
• Winpenny v. Krotow
  574 F.2d 176· 3d Cir.· 1978-03-27 ·cited 6×
  The court held that a prior Supreme Court summary affirmance binds this court, and the plaintiff's constitutional challenge to the Pennsylvania Municipal Claims and Tax Liens Act was foreclosed.
• Sendoya v. Chattanooga Brewing Co.
  73 Fla. 648· Fla.· 1917-03-14 ·cited 6×
  This case concerns whether a payment made on a judgment constituted an accord and satisfaction, thereby discharging the debt. The court found that the payment did not meet the requirements for accord and satisfaction, and thus the judgment creditor could still seek execution.
• Corzo Trucking Corp. v. West
  61 So. 3d 1285· Fla. 4th DCA· 2011-06-01 ·cited 5×
  Corzo Trucking sought to enforce a 1985 judgment against West by filing an action on the judgment in 2006, which the circuit court dismissed. The Fourth District reversed, holding that a judgment constitutes a cause of action upon which a new and independent action may be based,
• Petersen v. Whitson
  14 So. 3d 300· Fla. 2d DCA· 2009-08-19 ·cited 5×
  A Georgia resident who was sued in Florida and obtained a judgment against him in 1988 challenged the Florida circuit court's jurisdiction when the judgment creditor filed an action to renew the judgment in 2008. The court held that an action to renew a judgment is a continuation
• Dick Warner Cargo Handling Corp. v. AETNA Bus. Credit, Inc.
  746 F.2d 126· 2d Cir.· 1984-10-11 ·cited 4×
  The court held that UCC § 9-301(4) was not intended to subordinate a prior-perfected security interest in non-advance obligations to a subsequent judicial lien, and thus Aetna's security interest in such obligations prevails over Warner's garnishment lien.
• F. W. Dodge Co. DIV. OF McGRAW-Hill, Inc. v. S. Indus. Sav. Bank
  207 So. 2d 516· Fla. 3d DCA· 1968-02-27 ·cited 4×
  The court held that the trial court abused its discretion in refusing to set aside the default judgment against the garnishee.
• Seven-Up Bottling Co. OF Miami, Inc. v. J. N. Rawleigh Co.
  156 So. 2d 180· Fla. 2d DCA· 1963-08-09 ·cited 4×
  The court held that defenses available to the original writ of garnishment are not available in response to a writ of Scire Facias.
• Matthews v. Williams
  13 Fla. 615· Fla.· 1869-01-01 ·cited 4×
  The Florida Supreme Court reversed Circuit Court orders requiring Sheriff Matthews to pay execution proceeds to creditors, holding that when an estate is insolvent and a suggestion of insolvency has been filed, execution proceeds must be distributed pro rata among all creditors r
• Gilchrist v. Banks Meacham
  3 Fla. 219· Fla.· 1850-01-01 ·cited 4×
  A Florida court must determine whether an administrator can plead discharge from fiduciary duties as a defense to a scire facias action seeking execution on a prior judgment. The court holds that such a discharge, being a judgment of competent jurisdiction obtained before the com
• Holley v. Shaw
  143 Fla. 445· Fla.· 1940-06-21 ·cited 3×
  This case involves a petition for writ of scire facias seeking execution on a deficiency decree. The Florida Supreme Court affirmed the lower court's judgment, rejecting claims that an assignment of judgment was fraudulent and void, finding the record amply supported the trial co
• Geo. W. Tedder v. Morrow
  100 Fla. 1486· Fla.· 1930-12-16 ·cited 3×
  A judgment creditor assigned a 1915 judgment to an assignee who obtained an alias execution 14 years later without returning or showing record of the original execution. The Supreme Court reversed the trial court's dismissal of an injunction petition, holding that a clerk lacks a
• Kai Hansjurgens v. Bailey
  90 F.4th 1158· 11th Cir.· 2024-01-12 ·cited 2×
  The Eleventh Circuit held that substantial compliance with Georgia's judgment revival procedures, as required by Federal Rule of Civil Procedure 69(a), is sufficient for a federal court to revive a judgment.
• In re Beebe. Beebe v. O'Reilly
  124 F.2d 750· 7th Cir.· 1941-12-18 ·cited 2×
  A bankruptcy court cannot review a state court's adjudication of a matter over which it had jurisdiction, especially when no appeal was taken from the state court judgment.
• Parker v. Francis A. Hendry de bonis non of James E. Hendry
  8 Fla. 53· Fla.· 1858-01-01 ·cited 2×
  This case reviews a judgment entered against defendants for failing to plead. The appellate court affirmed the lower court's decision, finding no error in the procedure or the denial of a later opportunity to plead.
• Salt AIR Homes II, LLC v. C.A. No.: K25L-08-005 NEP ST. Paul African Methodist Episcopal Church OF Harrington
  Del. Super. Ct.· 2026-01-28
  Salt Air Homes II, LLC obtained a default judgment against St. Paul African Methodist Episcopal Church of Harrington for failure to pay the balance due under a construction contract. The defendant's motion to set aside the default judgment under Rule 60(b)(1) was denied because t
• Marchisio v. Gurley
  Fla. 4th DCA· 2023-12-20
  A deceased judgment creditor loses the right to enforce a judgment upon death and lacks standing to pursue a writ of garnishment without proper substitution of the estate pursuant to applicable rules of civil procedure. The trial court erred in denying the motion to dissolve the
• IN & FOR NEW Castle Cnty. WBCMT 2006-C29 Off. 4250, LLC
  Del. Super. Ct.· 2015-07-30
  The court held that the plaintiff, as a nonholder in possession of the promissory note with the rights of a holder, was entitled to enforce the note under Article 3 of the Uniform Commercial Code. The court also found no genuine dispute regarding the amount of the judgment reques
• IN & FOR NEW Castle Cnty. Accu-Fire Fabrication, Inc. v. Corrozi-Fountainview, LLC
  Del. Super. Ct.· 2009-03-03
  The Court held that while the mechanic's lien claim was not defective for failure to apportion amounts owed, it was defective for failure to join a necessary party, Pyro-Tech, LLC. The Court found that Pyro-Tech, as the contractor with whom the materialman Accu-Fire contracted, w
• In & for Sussex Cnty. Richard L. Ewing
  Del. Super. Ct.· 2001-06-15
  The court held that the plaintiff substantially complied with the requirements for filing a mechanics' lien, and that the court had discretion to grant an enlargement of time for serving notice of the lien due to excusable neglect, as the delay did not unduly prejudice the defend
• Terrazzo & Marble Supply Co., Inc. v. The Columbia Bank OF Ybor City
  173 So. 2d 475· Fla. 2d DCA· 1965-03-17
  Terrazzo & Marble Supply Company appealed from the vacation of a default judgment it obtained against Columbia Bank of Ybor City as a garnishee. The court affirmed the vacation of the default judgment, holding that the bank's sudden hospitalization of its vice-president constitut
• Dial v. United States
  295 F.2d 339· 7th Cir.· 1961-10-26
  The court held that the district court properly refused to entertain the habeas corpus petition because the petitioner failed to first seek relief under 28 U.S.C. § 2255 in the sentencing court.
• Elisabeth Page Dunnington Moye v. Gen. Motors Corp.
  77 So. 2d 875· Fla.· 1955-02-09
  A minor injured in 1947 sued General Motors through a friendly suit, obtaining a $4,900 judgment that was paid through her attorney to her stepfather (next friend). Years later, after reaching majority, she sought to revive the judgment, claiming she never personally received the
• Michael v. Smith
  221 F.2d 59· D.C. Cir.· 1955-02-03
  A money judgment can be revived by a court order made after the 12-year expiration period, provided the motion to revive was filed within that period.