Writ Of Attachment

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

• State v. Vocelle
  159 Fla. 88· Fla.· 1947-06-10 ·cited 79×
  The Florida Supreme Court upheld the State Beverage Director's authority to revoke an intoxicating liquor license through administrative proceedings. The relator challenged the constitutionality of the statutes authorizing license revocation, but the court held that such regulato
• Dickerson v. State OF Ala.
  667 F.2d 1364· 11th Cir.· 1982-02-16 ·cited 72×
  The court held that the denial of a continuance to secure an alibi witness, a police officer, violated the defendant's Sixth and Fourteenth Amendment rights to compulsory process.
• Johnson v. Am. Credit Co. OF Ga.
  581 F.2d 526· 5th Cir.· 1978-10-06 ·cited 71×
  The Georgia prejudgment attachment scheme is facially unconstitutional because it lacks the required judicial scrutiny for the issuance of attachment writs, violating the Fourteenth Amendment's due process clause.
• Hill v. First Nat'l Bank of Marianna & H. A. Bowles as Sheriff of Jackson Cnty.
  73 Fla. 1092· Fla.· 1917-05-16 ·cited 67×
  Hannah Hill sought to enjoin the sale of eighty acres claimed as her homestead, challenging a judgment lien held by the First National Bank of Marianna. The Florida Supreme Court reversed the trial court's dismissal, holding that Hill was entitled to homestead exemption protectio
• In re Florida Rules of Civil Procedure
  211 So. 2d 174· Fla.· 1968-06-19 ·cited 66×
  This is a Florida Supreme Court order approving official forms for use in civil procedure, including summonses, complaints, subpoenas, writs, bonds, and other pleadings. The forms became effective September 30, 1968, and are designed to provide flexibility while establishing stan
• Bernstein v. Anonyme
  163 F.2d 246· 2d Cir.· 1947-07-10 ·cited 53×
  The court should not definitively rule on jurisdiction without a trial to clarify executive policy regarding Nazi-era acts and restitution.
• Rosenfeldt v. Comprehensive Acct. Serv. Corp.
  514 F.2d 607· 7th Cir.· 1975-04-11 ·cited 38×
  The court held that interlocutory orders granting writs of attachment, finding civil contempt, and imposing fines for civil contempt are generally not appealable under 28 U.S.C. § 1291 or § 1292(a)(1), absent specific circumstances not present here.
• Davis v. Operation Amigo, Inc.
  378 F.2d 101· 10th Cir.· 1967-05-19 ·cited 38×
  The court held that dismissal with prejudice for want of prosecution and judgment on counterclaims were too harsh sanctions given the procedural history and circumstances.
• Dorfmann v. Boozer
  414 F.2d 1168· D.C. Cir.· 1969-06-16 ·cited 33×
  The court held that the preliminary injunction was improperly granted because adequate legal remedies existed and the injunction failed to balance the equities between the parties.
• Jones v. Preuit & Mauldin
  851 F.2d 1321· 11th Cir.· 1988-08-10 ·cited 31×
  The plurality opinion held that private defendants are entitled to qualified immunity in a section 1983 action. The dissenting judges disagreed, arguing that qualified immunity should not extend to private actors.
• Polar Shipping Ltd. v. Oriental Shipping Corp.
  680 F.2d 627· 9th Cir.· 1982-06-30 ·cited 31×
  The court held that Supplemental Rule B, as written and applied, violates the Fifth Amendment's due process clause by failing to provide adequate safeguards against wrongful deprivation of property.
• Sanchez v. Sanchez
  21 Fla. 346· Fla.· 1885-01-01 ·cited 31×
  A. B. Sanchez appeals an alimony order and subsequent attachment for contempt in a divorce proceeding. The Florida Supreme Court reversed, holding that the alimony decree was invalid because it was granted without proper notice to the husband and without affording him an opportun
• Bion H. Barnett v. Hickson
  52 Fla. 457· Fla.· 1906-06-01 ·cited 27×
  Bion H. Barnett appealed from a demurrer sustaining judgment in an equity suit, challenging whether a court of chancery had jurisdiction to stay execution on a judgment obtained against him as a surety on a supersedeas bond. The Florida Supreme Court affirmed that courts of law h
• Kauth v. Hartford Ins. Co. OF Ill.
  852 F.2d 951· 7th Cir.· 1988-07-19 ·cited 26×
  The court held that a plaintiff alleging deprivation of a state-created property interest without a violation of other substantive constitutional rights, and without alleging inadequacy of state remedies, has not stated a substantive due process claim. The court also held that se
• Cerna v. Swiss Bank Corp. (Overseas), S.A.
  503 So. 2d 1297· Fla. 3d DCA· 1987-02-10 ·cited 26×
  Prejudgment attachment is permissible for assets fraudulently transferred or equitably owned by the debtor, even if titled in another's name, but garnishment of debts owed to that other person requires a prior judgment against the debtor.
• R.J. Williams Co. v. Fort Belknap Hous. Auth.
  719 F.2d 979· 9th Cir.· 1983-10-31 ·cited 26×
  The court held that the district court lacked subject matter jurisdiction because the dispute requires interpretation of tribal law, which must first be decided by the tribal court. Federal question jurisdiction was denied as no federal claim was stated, and diversity jurisdictio
• 21 Turtle Creek Square, Ltd. v. N.Y. State Teachers' Ret. Sys.
  404 F.2d 31· 5th Cir.· 1968-11-07 ·cited 25×
  The court held that an order quashing a writ of attachment is not a final decision and therefore not immediately appealable.
• Lord v. F. M. Dowling Co.
  52 Fla. 313· Fla.· 1906-06-01 ·cited 24×
  The Florida Supreme Court upheld a default judgment against A. W. Lord for debt owed to F. M. Dowling Company, rejecting arguments that the judgment was void because it included an unmatured promissory note and lacked sufficient proof of attachment grounds. The court held that wh
• State v. Johnson
  13 Fla. 33· Fla.· 1869-01-01 ·cited 24×
  James W. Johnson, appointed as receiver of two railroads by a circuit court judge, refused to comply with a supersedeas (stay of proceedings) issued by the Florida Supreme Court following an appeal of the receivership order. The Supreme Court held that Johnson was in contempt for
• Valdosta Mercantile Co. v. White
  56 Fla. 704· Fla.· 1908-06-01 ·cited 22×
  This case involves a second appeal by Valdosta Mercantile Company regarding a claim of property ownership against an attachment writ. The court affirmed the lower court's judgment, finding sufficient evidence to support the jury's verdict in favor of the attaching creditor.
• Budimir Matek v. Murat
  862 F.2d 720· 9th Cir.· 1988-11-25 ·cited 21×
  The court held that the general partnership interests were not investment contracts because the investors failed to meet the requirements of the Williamson test, particularly regarding their sophistication and participation.
• Fine v. Fine
  400 So. 2d 1254· Fla. 5th DCA· 1981-06-17 ·cited 21×
  Judith Fine appealed an order granting Teresa Fine's petition for a writ of attachment against an escrow fund held from a real property sale. The court dismissed the appeal, holding that Judith lacked standing because the attachment order was legally ineffective to affect her pro
• Dionne v. Bouley
  757 F.2d 1344· 1st Cir.· 1985-03-19 ·cited 20×
  The court held that Rhode Island's post-judgment garnishment procedures are constitutionally insufficient because they fail to provide adequate notice of exemption rights and a prompt opportunity for a hearing.
• Matthews v. IMC Mint Corp.
  542 F.2d 544· 10th Cir.· 1976-09-29 ·cited 20×
  The court held that the order denying the motion to quash the writ of attachment was not a final decision and therefore not appealable under 28 U.S.C.A. § 1291.
• A.P.D. Holdings, Inc. v. Reidel
  865 So. 2d 682· Fla. 4th DCA· 2004-02-18 ·cited 18×
  A.P.D. Holdings, Inc. appeals the trial court's order dissolving a writ of attachment against property owned by Rachel Reidel. The appellate court reversed, holding that the trial court abused its discretion by denying APD's motion to continue the hearing on the dissolution motio
• Robinson v. State
  561 So. 2d 419· Fla. 1st DCA· 1990-05-14 ·cited 18×
  The First District Court of Appeal reversed Robinson's cocaine sale conviction because the trial judge abused her discretion by denying his motion for continuance when a crucial defense witness failed to appear despite being properly subpoenaed. The court held that where a defend
• Schiffahartsgesellschaft Leonhardt & Co. v. A. Bottacchi S.A. DE Navegacion
  773 F.2d 1528· 11th Cir.· 1985-10-01 ·cited 17×
  The court held that the maritime attachment procedures under Rule B(1) are derived from the court's inherent admiralty powers, not exclusively from the rule itself, thus avoiding a constitutional challenge to the rule.
• Zimmerman v. Spears
  565 F.2d 310· 5th Cir.· 1977-12-13 ·cited 16×
  The court affirmed the dismissal of damage suits based on official immunity and affirmed the denial of habeas corpus petitions, dismissing one as an original petition to the court.
• Richard and Mary Guzman v. W. State Bank OF Devils Lake
  516 F.2d 125· 8th Cir.· 1975-03-11 ·cited 16×
  The North Dakota prejudgment attachment statute is unconstitutional as applied because it lacks sufficient procedural safeguards to satisfy due process, particularly regarding the necessity for summary seizure and judicial supervision.
• Miller & Miller Auctioneers, Inc. v. G. W. Murphy Indus., Inc.
  472 F.2d 893· 10th Cir.· 1973-01-17 ·cited 16×
  The court held that the district court lacked jurisdiction over the interpleader action because the stakeholder failed to deposit the entire disputed sum into the registry, but it correctly exercised jurisdiction over the United States' separate tax lien claim.
• Reizen v. Fla. Nat'l Bank AT Gainesville
  237 So. 2d 30· Fla. 1st DCA· 1970-06-16 ·cited 16×
  The court held that service of an order to appear on a party's attorney is valid when the action is not yet concluded, and therefore the trial court had jurisdiction to enter subsequent contempt orders.
• Clarence E. Morris, Inc. v. Vitek
  412 F.2d 1174· 9th Cir.· 1969-06-17 ·cited 16×
  The court held that federal jurisdiction was lacking because complete diversity of citizenship did not exist between the plaintiff and all named defendants, and the claims were not separate and independent for removal purposes.
• In re Amendments to the Florida Rules of Appellate Procedure
  2 So. 3d 89· Fla.· 2008-11-13 ·cited 15×
  The Florida Supreme Court adopted amendments to the Florida Rules of Appellate Procedure proposed by the Appellate Court Rules Committee in its triennial report, with modifications to rules governing appeals, stays, indigent proceedings, and amicus filings.
• The State of Fla. ex rel. Merchs. Nat'l Bank v. Noble A. Hull
  37 Fla. 579· Fla.· 1896-01-01 ·cited 15×
  This case concerns whether a clerk of court can order the sale of perishable property seized under attachment, even when writs of error and supersedeases have been filed, removing the case to the appellate court. The court held that such a sale is permissible to preserve the prop
• S. Nat'l Bank OF Fort Walton Beach v. Young
  142 So. 2d 788· Fla. 1st DCA· 1962-07-03 ·cited 14×
  Southern National Bank appealed the dissolution of a writ of attachment issued in aid of a mortgage foreclosure on an automobile. The court affirmed the dissolution, finding the bank failed to prove the factual basis for the attachment allegations and did not include the hearing
• In re Prof'l Air Traffic Controllers Org. (patco). Air Transp. Ass'n of Am. v. Prof'l Air Traffic Controllers Org. (patco)
  699 F.2d 539· D.C. Cir.· 1983-01-21 ·cited 13×
  A federal judgment is not registrable in another district court until it has become final by appeal or expiration of the time for appeal, as required by 28 U.S.C. § 1963.
• United States v. Wilfried van Cauwenberghe
  934 F.2d 1048· 9th Cir.· 1991-05-20 ·cited 12×
  The court held that Van Cauwenberghe has standing to appeal the denial of his Rule 41(e) motion and the order directing payment of funds to Biard, but his attorneys, Williams & Connolly, do not. The court also affirmed the denial of the Rule 41(e) motion and the order for payment
• United States v. 935 Cases More OR Less
  136 F.2d 523· 6th Cir.· 1943-06-22 ·cited 12×
  A libel in rem under the Federal Food, Drug, and Cosmetic Act requires no verification, and seizure of goods under the Act is not an unreasonable search and seizure violating the Fourth Amendment.
• Fleming v. Otis Elevator Co.
  107 Fla. 557· Fla.· 1933-01-02 ·cited 12×
  In a creditor's suit under Florida law, the Florida Supreme Court upheld a decree setting aside a conveyance of real property as fraudulent where a debtor conveyed all of his attachable property to a corporation he owned and controlled, with intent to hinder collection of his deb
• Josiah T. Budd v. Wm. Ryal Long
  13 Fla. 288· Fla.· 1869-01-01 ·cited 12×
  Long, a free person of color, purchased land in 1863 through Bradley as a straw purchaser due to legal disabilities. When the original vendor Clem was sued by Kemp's estate, an attachment and subsequent judgment lien were placed on the property. The Florida Supreme Court held tha
• Koster & Wythe v. Lon Massey
  262 F.2d 60· 9th Cir.· 1958-11-26 ·cited 11×
  The court held that an order directing a party to pay the Marshal's costs, with dismissal as an alternative, is a final, appealable order under the collateral order doctrine.
• Fly Brazil Grp. v. the Govt. of Gabon
  709 F. Supp. 2d 1274· S.D. Fla.· 2010-01-29 ·cited 10×
  The court held that the plaintiff failed to strictly comply with the Foreign Sovereign Immunities Act's service requirements, warranting the quashing of service.
• Dannebrog Rederi AS v. M/Y True Dream
  146 F. Supp. 2d 1307· S.D. Fla.· 2001-02-28 ·cited 10×
  The court denied Underwriters' motion for leave to amend their complaint to add Rule B allegations, finding that granting the amendment would unduly prejudice Ashlar and potential buyers.
• Lawhon v. Mason
  611 So. 2d 1367· Fla. 2d DCA· 1993-01-22 ·cited 10×
  Joan Lawhon, a defendant in an automobile negligence action, challenged a prejudgment order prohibiting her from transferring assets without notice to the plaintiffs. The Florida appellate court granted her petition for certiorari, finding the trial court lacked authority to issu
• Jones v. Preuit & Mauldin
  822 F.2d 998· 11th Cir.· 1987-07-24 ·cited 10×
  The judge issuing a writ of attachment must have discretion to inquire into the veracity of the creditor's allegations, not just facial sufficiency, to satisfy constitutional due process requirements.
• Britton v. The Howard Sav. Bank
  727 F.2d 315· 3d Cir.· 1984-02-09 ·cited 10×
  The court held that the denial of a motion to lift a stay to permit attachment of property is an appealable collateral order, and that the district court erred in denying the writ of attachment.
• Morfessis v. Baum
  281 F.2d 938· D.C. Cir.· 1960-06-16 ·cited 10×
  The court held that the complaint, despite being labeled "Abuse of Process," sufficiently alleged malicious prosecution, which is subject to a one-year statute of limitations.
• Dayton v. Patton
  80 Fla. 763· Fla.· 1920-11-30 ·cited 10×
  Dayton sought to remove a cloud on his title to land in Alachua County by challenging a sheriff's deed issued to Patton. The court reversed and remanded because the trial court failed to adequately develop the record regarding the invalidity of Patton's title, which was an essent
• Engelke & Feiner Milling Co. v. Isador Grunthal
  46 Fla. 349· Fla.· 1903-06-01 ·cited 10×
  In this trespass case arising from an invalid attachment, the Florida Supreme Court reversed and ordered a new trial, holding that a trespasser's liability for damages should be measured by the property's depreciation during the period of the wrongful taking, not extending to sub
• United States v. Robinson
  650 F.2d 537· 5th Cir.· 1981-03-25 ·cited 8×