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...

CREDITORS REMEDIES: PLAINTIFF MAY MOVE FOR ISSUANCE OF WRIT OF GARNISHMENT AFTER MOTION FOR NEW TRIAL OR REHEARING HAS BEEN DETERMINED: A MOTION FOR NEW TRIAL OR REHEARING IS DETERMINED WHEN THE TRIAL COURT SIGNS AN ORDER RULING ON THE MOTION RATHER THAN WHEN THE ORDER IS RENDERED

Charter Schools USA, Inc. v. John Doe No. 93, ___ So. 3d ___, 39 Fla. L. Weekly D2373 (Fla. 3d DCA November 12, 2014)

The plaintiff moved for issuance of a writ of garnishment the day after the denial of the defendant’s motion for judgment notwithstanding the verdict or new trial or remittitur.  One writ was issued the next day, … Click To Read Full Case Law Review...

REAL ESTATE: MORTGAGE FORECLOSURE: AFTER FORECLOSURE SALE IS CONDUCTED, PLAINTIFF MAY NOT RESORT TO GARNISHMENT TO COLLECT JUDGMENT ON THE PROMISSORY NOTE BEFORE OBTAINING A DEFICIENCY JUDGMENT  

Hammond v. Kingsley Asset Management, LLC, ___ So. 3d ___, 39 Fla. L. Weekly D. 1709 (Fla. 2d DCA August 13, 2014)

After the plaintiff obtained final judgment in identical amounts for mortgage foreclosure and breach of the promissory note, the defendant obtained a substantial arbitration award against her husband in a postdissolution of marriage dispute, and the plaintiff obtained … Click To Read Full Case Law Review...

CREDITOR’S REMEDIES: GARNISHMENT: MEMBER OF LIMITED LIABILITY COMPANY; APPEALS: RECORD ON APPEAL: LACK OF TRANSCRIPT: ERROR ON THE FACE OF THE RECORD    

Young v. Levy, ___ So. 3d ___, 39 Fla. L. Weekly D1268 (Fla. 4th DCA June 18, 2014)

One member of a limited liability company obtained a judgment for attorney’s fees against the other member of the company.  The trial court entered a writ of garnishment ordering the company to satisfy the judgment from money owed to the debtor, … Click To Read Full Case Law Review...