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...

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...

CREDITOR’S REMEDIES: CIVIL PROCEDURE: DISCOVERY IN AID OF EXECUTION: ATTORNEY-CLIENT PRIVILEGE: CRIME-FRAUD EXCEPTION: EVIDENTIARY HEARING; APPEALS: CERTIORARI  

Merco Group of the Palm Beaches v. McGregor, ___ So. 3d ___, 39 Fla. L. Weekly D1594 (Fla. 4th DCA July 30, 2014)

The trial court, in proceedings for discovery in aid of execution, departed from the essential requirements of law by applying the crime-fraud exception to the attorney-client privilege without conducting an evidentiary hearing.… Click To Read Full Case Law Review...

CREDITOR’S REMEDIES: HOMESTEAD EXEMPTION: CIVIL PROCEDURE: SUBJECT MATTER JURISDICTION: CIRCUIT COURTS HAVE EXCLUSIVE JURISDICTION TO DETERMINE VALIDITY OF CLAIMED HOMESTEAD EXEMPTION; APPEALS: SECOND TIER CERTIORARI: SUBSTANTIAL COMPETENT EVIDENCE COMPONENT ELIMINATED FROM CONSIDERATION  

Sepulveda v. Westport Recovery Corporation, ___ So. 3d ___, 39 Fla. L. Weekly D1433 (Fla. 3d DCA July 9, 2014)

The circuit courts have exclusive jurisdiction to determine the validity of a claimed homestead exemption.

On second tier certiorari review, the district court of appeal “review[s] the circuit court’s decision only for legal error, and . . . treat[s] all … Click To Read Full Case Law Review...