APPEALS: TIMELINESS: BANKRUPTCY: PREEMPTION: THE DEADLINE TO FILE A NOTICE OF APPEAL WAS STAYED BY THE APPELLANT’S PETITION FOR BANKRUPTCY

AmMed Surgical Equipment, LLC v. Professional Medical Billing Specialists, LLC, ___ So. 3d ___, 40 Fla. L. Weekly D352 (Fla. 2d DCA February 6, 2015)

Although the defendant filed a notice of appeal 70 days after rendition of a preliminary injunction against it, the court held that the appeal was timely under the unique circumstances of this case. Under Fla. Click To Read Full Case Law Review...

CREDITOR’S REMEDIES: CIVIL PROCEDURE: DISCOVERY IN AID OF EXECUTION: PRIVILEGE: FIFTH AMENDMENT PRIVILEGE AGAINST SELF INCRIMINATION: APPEALS: CERTIORARI: TRIAL COURT DEPARTED FROM ESSENTIAL REQUIREMENTS OF LAW BY REQUIRING JUDGMENT DEBTOR TO ANSWER WHETHER HE FILED FEDERAL INCOME TAX RETURNS DURING A SIX YEAR PERIOD BECAUSE IT WAS REASONABLY PROBABLE THAT ANSWERS COULD BE USED AGAINST HIM IN PROSECUTION FOR FAILING TO FILE TAX RETURNS AND PAY TAXES

Appel v. Bard, ___ So. 3d ___, 40 Fla. L. Weekly D238 (Fla. 4th DCA January 21, 2015)

During discovery in aid of execution, the trial court ordered the judgment debtor to answer whether he filed federal income tax returns over a six year period, but the appellate court granted the defendant’s petition for certiorari and quashed the order. … Click To Read Full Case Law Review...

CREDITOR’S REMEDIES: DISCOVERY IN AID OF EXECUTION: FIFTH AMENDMENT PRIVILEGE AGAINST SELF INCRIMINATION: ORDER COMPELLING JUDGMENT DEBTOR TO ANSWER QUESTIONS ABOUT HIS INCOME AND WHETHER HE FILED FEDERAL INCOME TAX RETURNS AND COMPELLING DEBTOR TO PRODUCE HIS FEDERAL INCOME TAX RETURNS; APPEALS: CERTIORARI: APPEAL TREATED AS PETITION FOR CERTIORARI: RECORD ON APPEAL: DENIAL OF PETITION FOR CERTIORARI BASED UPON ABSENCE OF HEARING TRANSCRIPTS AND EVIDENTIARY BASIS TO SUPPORT ASSERTION OF FIFTH AMENDMENT PRIVILEGE

Vaygensberg v. Barash, ___ So. 3d ___, 40 Fla. L. Weekly D262 (Fla. 3d DCA January 21, 2015)

During discovery in aid of execution, the trial court ordered the defendant to answer questions about his income and whether he filed federal income tax returns and to produce returns if they were filed. The appellate court treated the defendant’s appeal as … Click To Read Full Case Law Review...

CREDITOR’S REMEDIES: GARNISHMENT: EXEMPTIONS: HEAD OF HOUSEHOLD EXEMPTION FROM GARNISHMENT APPLIES TO NON-FLORIDA RESIDENTS

Ulisano v. Ulisano, ___ So. 3d ___, 40 Fla. L. Weekly D153 (Fla. 4th DCA January 7, 2015)

The head of household exemption from garnishment applies both to Florida and non-Florida residents. Prior to 1993, Section 222.11, Florida Statutes, limited the exemption to Florida residents, but the statute was amended in that year to remove this limitation.

To read … Click To Read Full Case Law Review...