Writ Of Attachment

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

• Cap. Bancshares, Inc. v. N. Am. Guar. Ins. Co. & David M. Pack
  433 F.2d 279· 5th Cir.· 1970-10-05 ·cited 8×
  The court held that orders dissolving attachments used solely to obtain in personam jurisdiction over non-resident defendants are not final decisions and thus not immediately appealable. A refusal to remand is also not a final order.
• Romero v. Romero
  916 So. 2d 952· Fla. 3d DCA· 2005-12-07 ·cited 7×
  In this post-dissolution child support enforcement case, the appellate court affirmed the circuit court's contempt order against the former husband for nonpayment of child support arrearages, but reversed and remanded portions concerning vehicle attachment and attorney's fees bec
• 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
• Stotler & Co. v. Able
  870 F.2d 1158· 7th Cir.· 1989-02-23 ·cited 6×
  The court held that the district court did not err in denying Abie's motion for contempt against Stotler, Dalton, Kimmelman, and Collins, nor in denying Stotler's motion for Rule 11 sanctions against Abie.
• Transportes Aereos Mercantiles Panamericanos, S.A. v. Banco Cafetero
  451 So. 2d 932· Fla. 3d DCA· 1984-06-05 ·cited 6×
  This case involves a dissenting opinion on a motion to dissolve a writ of attachment and garnishment, where the plaintiff bank sought to secure a large debt from the defendant.
• THE Florida BAR v. Heller
  248 So. 2d 644· Fla.· 1971-05-19 ·cited 6×
  The Florida Bar sought disbarment of attorney George M. Heller for his conversion of settlement proceeds from an appeal he prosecuted as receiver's counsel. The Florida Supreme Court, finding that Heller originally acted in good faith in asserting a retaining lien but ultimately
• McKESSON & Robbins, Inc. v. Taft St. Shopping Ctr.
  184 So. 2d 210· Fla. 2d DCA· 1966-03-18 ·cited 6×
  The landlord's lien for rent is superior to a subsequent attachment lien, and the tenant is the only party who can object to a failure to post an amended bond for an increased rent claim.
• Paul H. Aschkar & Co. v. The Honorable Jesse W. Curtis
  327 F.2d 306· 9th Cir.· 1963-12-27 ·cited 6×
  The court held that the term "process" in § 78aa of the Securities Exchange Act of 1934, when authorizing extraterritorial service, refers only to service of summons to obtain personal jurisdiction, not to writs of attachment.
• Stansel v. Rountree
  40 Fla. 428· Fla.· 1898-06-01 ·cited 6×
  Stansel v. Rountree & Co. concerns whether a secured creditor with a conditional right to possession upon default can maintain a claim proceeding against property levied under a writ of attachment. The Florida Supreme Court held that claimants must have a right to present possess
• Monarch Life Ins. Co. v. Elam
  918 F.2d 201· D.C. Cir.· 1990-11-09 ·cited 4×
  The court certified two questions of District of Columbia law regarding attorney charging liens to the District of Columbia Court of Appeals, rather than resolving them itself.
• PMS Distrib. Co., Inc. v. Huber & Suhner
  863 F.2d 639· 9th Cir.· 1988-08-19 ·cited 4×
  The majority erred in holding that the writ of possession was not appealable, as it was issued post-judgment in a section 4 FAA proceeding.
• W. Food Plan, Inc. v. MacFARLANE
  588 F.2d 778· 10th Cir.· 1978-12-04 ·cited 4×
  The court held that while abstention was proper due to pending state court proceedings, dismissal of the federal action was incorrect; the federal court should retain jurisdiction.
• The Hartford Provision Co. v. United States
  579 F.2d 7· 2d Cir.· 1978-04-17 ·cited 4×
  The federal tax lien has priority because the state judgment creditor's lien was not fully perfected under Connecticut law before the federal lien was filed.
• State OF Ga. v. City OF Chattanooga
  406 F.2d 830· 6th Cir.· 1969-02-06 ·cited 4×
  The court held that the district court erred in dismissing Georgia's complaint for lack of subject matter jurisdiction, as the seizure of property moving in interstate commerce raised substantial federal questions.
• State OF Or. v. TUG GO Getter
  398 F.2d 873· 9th Cir.· 1968-07-16 ·cited 4×
  The court held that the district court did not err in dissolving the writ of foreign attachment because the appellant failed to demonstrate reasonable diligence in attempting to serve process on the appellee within the district.
• Robert v. Rafter
  355 F.2d 185· 2d Cir.· 1966-01-20 ·cited 4×
  The court held that the amount in controversy did not exceed the $10,000 jurisdictional minimum, exclusive of interest and costs.
• Universal C. I. T. Credit Corp. v. Broward Nat'l Bank OF Fort Lauderdale
  144 So. 2d 844· Fla. 2d DCA· 1962-09-28 ·cited 4×
  Universal C.I.T. Corporation sought to garnish funds belonging to Herbert S. Faris through a garnishment served on Broward National Bank. The bank paid a cashier's check to Manufacturers Trust Company after it was endorsed by Faris to his attorney Gordon Novod and then to the tru
• Ex parte Fuller
  99 Fla. 1165· Fla.· 1930-05-20 ·cited 4×
  This case addresses whether an attachment levy on personal property is valid if the sheriff does not physically remove the property, and if interfering with such property constitutes contempt of court. The court held that constructive possession is sufficient for a valid levy and
• Fed. Deposit Ins. Corp. v. Shearson-American Express, Inc.
  996 F.2d 493· 1st Cir.· 1993-06-24 ·cited 2×
  The court held that Prudential's claim of invalidity of the FDIC's attachment was barred by res judicata, and that neither Prudential nor Banco had a superior lien on Serrano's assets under Puerto Rico law.
• Moats v. First Sanlando Bank, N.A.
  567 So. 2d 446· Fla. 5th DCA· 1990-08-23 ·cited 2×
  Summary judgment for the Bank is reversed because material issues of fact regarding ownership of the horses remain unresolved.
• In re Reserves Dev. Corp. & RDC Monongah, Inc. v. Chauncey H. Browning
  821 F.2d 520· 8th Cir.· 1987-06-29 ·cited 2×
  The court dissolved the bankruptcy court's injunction against the State of West Virginia, finding the subject property was no longer property of the estate.
• Keishian v. Buckley
  800 F.2d 1047· 11th Cir.· 1986-09-29 ·cited 2×
  The court held that the levy on the automobile was lawful because the underlying attachment was unconstitutional and the case had proceeded as an in personam action.
• 21 Turtle Creek Square, Ltd. v. NEW York State Teachers' Ret. Sys.
  425 F.2d 1366· 5th Cir.· 1970-05-11 ·cited 2×
  The court held that the district court had in personam jurisdiction and properly granted summary judgment for the defendant because the plaintiff's claim was barred by the Statute of Frauds.
• Savannah Bank & Tr. Co. v. Great Am. Indem. Co.
  303 F.2d 247· 1st Cir.· 1962-05-10 ·cited 2×
  The court held that the plaintiff's liens were invalid against the defendant's judgment lien because the plaintiff failed to prove the situs of the property was in Georgia at the time the mortgages were executed and recorded, and failed to comply with Puerto Rico's recording stat
• England v. Lorne M. Stanley
  284 F.2d 700· 9th Cir.· 1960-12-13 ·cited 2×
  The court held that the district court had jurisdiction to extend the time for filing a petition for review and that the sheriff's service of a writ of attachment on Lillian Dandini, who claimed a lien on the property, created a valid lien in favor of Stanley.
• Cowart v. Venable
  86 Fla. 367· Fla.· 1923-11-05 ·cited 2×
  In this ejectment action, the Florida Supreme Court held that a defendant's bond given under attachment statutes does not preclude a plaintiff from proceeding on a judgment and execution to sell attached real estate, and therefore the bond was immaterial evidence that was properl
• VMI Ent., LLC v. Westwood Plaza, LLC
  152 So. 3d 617· Fla. 1st DCA· 2014-09-23 ·cited 1×
  An alcoholic beverage license is not subject to attachment under chapter 76, Florida Statutes, as section 561.65(4) provides the exclusive means for perfecting a lien on such a license.
• United States v. DuBois
  S.D. Fla.· 2023-12-27
  The Court adopts the Magistrate Judge's Report and Recommendation, granting the government's application for an amended writ of attachment.
• Marron v. Maduro Moros
  S.D. Fla.· 2023-09-29
  Plaintiffs, terrorism victims who obtained a default judgment against defendants Tarek El Aissami and the Cartel of the Suns, sought a writ of execution to seize real property owned by a limited liability company allegedly controlled by Samark Lopez Bello, an agent of the defenda
• Mergenthaler
  Del. Super. Ct.· 2018-11-26
  The Court held that the judgment creditor was required to renew the judgment after five years under 10 Del. C. § 5072, as the renewal period is a substantive right. However, the Court granted the creditor's motion to renew the judgment nunc pro tunc, finding that the creditor's f
• Am. Ass'n for the Advancement of Sci. v. Periodicals Publicacoes Tecnicas
  581 F. Supp. 2d 1248· S.D. Fla.· 2008-09-25
  The court denied the motion to dissolve the writ of attachment, finding that the plaintiffs had shown a debt was due and that the special grounds for attachment were met.
• Darrel Quinn v. Polk Cnty.
  861 F.2d 522· 8th Cir.· 1988-11-18
  The court held that the sheriff's department's actions did not constitute negligence or a due process violation, and the plaintiff's own fault exceeded the sheriff's.
• Parcel Tankers, Inc. v. Formosa Plastics Corp.
  764 F.2d 1153· 5th Cir.· 1985-07-08
  The court vacated its order granting leave to appeal and remanded the case because the constitutionality of Rule B was no longer a controlling question of law that would materially advance the litigation, especially given pending amendments.
• Rodriguez v. Dicoa Corp.
  318 So. 2d 442· Fla. 3d DCA· 1975-07-22
  The trial court improperly granted an equitable attachment and injunction in a common law debt action after the original debt had been satisfied by payment, then entered a default judgment and final judgment exceeding $300,000 based on this void order. The appellate court reverse
• United States v. Haushalter
  460 F.2d 30· 3d Cir.· 1972-05-04
  The court held that the district judge erred by not allowing the appellant an opportunity to argue for the dissolution of the fraudulent debtor's attachment based on a valid assignment.
• Parker v. Erie-Lackawanna Sys.
  393 F.2d 229· 7th Cir.· 1968-04-10
  The court affirmed the judgment, holding that the plaintiff received a proper hearing and was discharged for cause, and that the district court erred in dismissing the case for lack of subject matter jurisdiction.
• Wagner v. Iyone Smith
  174 So. 2d 447· Fla. 2d DCA· 1965-03-12
  The court held that the trial court properly submitted the issue of probable cause to the jury, and the jury's verdict should be affirmed.
• Cuban AIR Force v. Bergstresser
  151 So. 2d 462· Fla. 3d DCA· 1963-04-02
  The Cuban Air Force appeals a post-final judgment order that allowed a third party claim by Sunny South Aircraft Service, Inc. to proceeds from an execution sale of an aircraft. The court reversed, holding that the judgment debtor was denied due process when the third party claim
• Schaefer v. Chandor
  25 Fla. Supp. 67· Indian River Cty. Cir. Ct.· 1960-04-20
  The court considered objections to a writ of attachment issued in a dispute over a hotel sale contract, where the plaintiff alleged missing personal property and sought contract reformation and damages.
• Ivy L. Varnell v. Swires
  261 F.2d 891· 9th Cir.· 1958-12-04
  The court held that the Alaska Workmen's Compensation Act provides an exclusive remedy through the Alaska Industrial Board, and a premature suit for attachment and damages in the District Court is not permitted unless the employer fails to secure insurance.
• Atkinson v. Atkinson
  80 So. 2d 464· Fla.· 1955-05-11
  The Florida Supreme Court held that a rule permitting attachment for failure to perform a 'specific act' is not applicable to enforce periodic child support payments in divorce decrees. The court reasoned that contempt proceedings, which allow judicial discretion to consider circ
• Kupoff v. Stepovich
  184 F.2d 705· 9th Cir.· 1950-10-25
  The court held that the trial court erred in directing a verdict for the defendant, as the action was for breach of contract, not tort, and there was sufficient evidence of eviction and damages.
• Sewerage & Water Bd. of New Orleans v. THE Cumulus
  172 F.2d 102· 5th Cir.· 1949-02-01
  The court held that the trial court correctly dismissed the suit because it lacked jurisdiction, as the attachment was invalid under both state statutes and the attempt to convert the action to in personam was ineffective.
• Blanck v. Roman
  101 Fla. 398· Fla.· 1931-04-28
  The Florida Supreme Court quashed a judgment against a surety on a forthcoming bond because the jury verdict failed to find the value of the attached property, which the statute required as a prerequisite to entering judgment against the sureties when a trial occurred before a ju
• Brillis v. Isadore Blumenthal
  13 Fla. 577· Fla.· 1869-01-01
  The Florida Supreme Court dismissed a writ of error, holding that it lacked jurisdiction because the Circuit Court's judgment was final in a case involving a property claim arising from an attachment suit. The court emphasized constitutional provisions limiting its appellate juri