Garnishment - The Law Office of Joseph S. Kashi, P.A.

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

Case Decision Date: January 7, 2015 Reviewed by Joseph S. Kashi

Ulisano v. Ulisano, ___ So. 3d ___, 40 Fla. L. Weekly D153 (Fla. 4^th 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.

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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

Case Decision Date: November 12, 2014 Reviewed by Joseph S. Kashi

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...

CREDITOR’S REMEDIES: GARNISHMENT: GARNISHOR WAS NOT ENTITLED TO FUNDS IN BANK ACCOUNT OWNED INDIVIDUALLY BY JUDGMENT DEBTOR’S WIFE BECAUSE SOURCE OF FUNDS WAS RENTAL INCOME FROM ENTIRETIES PROPERTY AND WIFE’S INVESTMENTS; CIVIL PROCEDURE: SUMMARY JUDGMENT

Case Decision Date: October 8, 2014 Reviewed by Joseph S. Kashi

Branch Banking and Trust Company v. ARK Development/Oceanview, LLC, ___ So. 3d ___, 39 Fla. L. Weekly D2123 (Fla. 4^th DCA October 8, 2014)

After the garnishor obtained a judgment against the husband, it garnished a bank account in the wife’s name. The wife filed affidavits verifying that “she was the sole owner of the account, which was funded … 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

Case Decision Date: August 13, 2014 Reviewed by Joseph S. Kashi

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

Case Decision Date: June 18, 2014 Reviewed by Joseph S. Kashi

Young v. Levy, ___ So. 3d ___, 39 Fla. L. Weekly D1268 (Fla. 4^th 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...