The 2023 Florida Statutes (including Special Session C)
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. . . the debtor challenging the truth of the allegations in the creditor's petition for the writ, see § 77.07 . . . Either method requires a trial of the issues. §§ 77.07, 77.16. . . .
. . . Upon receipt of BDT's notice, Villamorey filed a motion to dissolve BDT's writ pursuant to section 77.07 . . . Villamorey account at Bank, Villamorey was not required to file an affidavit before exercising its section 77.07 . . . other person having an ownership interest in the property, as disclosed by the garnishee's answer . § 77.07 . . . Moreover, irrespective of which statutory procedure is invoked- section 77.07(2) or 77.16(1) -the result . . . plaintiff's motion which is denied is not proved to be true, the garnishment shall be dissolved.... § 77.07 . . .
. . . 121 So.3d 83, 87 (Fla. 3d DCA 2013) (refusing to extend the express terms of the version of section 77.07 . . .
. . . dissolved when plaintiff failed to file a motion for final judgment within 6 months, as required by section 77.07 . . . second writs, finding that allowing a second writ would “ ‘eir-cumvent[ ] the intent and meaning of § 77.07 . . . another subsequent writ of garnishment after a prior writ of garnishment was dissolved pursuant to § 77.07 . . . Third District Court of Appeal reversed, holding that “there is no basis in the language of section 77.07 . . . The language of section 222.12, like that of section 77.07(5) (at issue in Akerman), does not provide . . .
. . . parties (defendants’ wives and Rodgers Revocable Trust) to file motions to dissolve pursuant to Ch. 77.07 . . . asserting an ownership interest, but did not file a motion to dissolve the writs, in accord with F.S. § 77.07 . . . Ch. 77.07(2), Fla. . . .
. . . notice to the defendant of the right to an immediate hearing for dissolution of such writ pursuant to s. 77.07 . . .
. . . . § 77.07(2) (permitting “any other person having an ownership interest in [garnished] property” to move . . . Stat. § 77.07(2). . . . because the Partnerships received actual notice and were able to contest the allegations as provided in § 77.07 . . .
. . . notice to the defendant of the right to an immediate hearing for dissolution of such writ pursuant to s. 77.07 . . .
. . . the debtor challenging the truth of the allegations in the creditor’s petition for the writ, see § 77.07 . . . Either method requires a trial of the issues. §§ 77.07, 77.16. In this case, Ms. . . . Ujowundu’s section 77.07 challenge to the veracity of the allegations in the petition for garnishment . . . See § 77.07(1); Doug Sears Consulting, Inc. v. . . .
. . . February 2012, the Garnishees filed a Notice of Dissolution of Writ of Garnishment pursuant to section 77.07 . . . The trial court further found that it would be “circumventing the intent and meaning of § 77.07(5)” to . . . We further find that there is no basis in the language of section 77.07(5) to support the trial court . . . Section 77.07 was amended in 2005 to add subsection (5), which states as follows: If the plaintiff fails . . . We cannot extend the express terms of section 77.07(5) to hold that a subsequent writ of garnishment . . .
. . . . § 77.07, Fla. Stat. (2010); see Malowney v. Fed. . . .
. . . the defendant to move to dissolve the writ within a specific time period or risk being in default, § 77.07 . . .
. . . . § 77.07(2) and Fla. . . . Stat. §§ 77.07(2), 77.16(1). Specifically, Fla. . . . . § 77.07(2) provides: “[if] any allegation in plaintiffs motion is not proven to be true, the garnishment . . .
. . . Under Robert’s combined interpretation of sections 77.041 and 77.07(2) of the garnishment statute, failing . . . He first argued that the court’s ruling misinterpreted sections 77.041 and 77.07(2). . . . Robert next argues that pursuant to section 77.07(2), Florida Statutes, the only effect of the garnishment . . .
. . . . §§ 76.24(1), 77.07(1)). . . .
. . . Though he incorrectly filed the motion pursuant to section 77.07(2), Florida Statutes, it is clear from . . .
. . . That is, $622.25 at $0.25/copy; $77.07 paid to Sir Speedy; and $116.80 paid to Doubleday. . . .
. . . . § 77.07(1), Fla. Stat. . . . Under section 77.07(2), Florida Statutes, the deadline to move to dissolve the writ is twenty days from . . . nullity by the court, and the proceedings shall be in a default posture as to the party involved.” § 77.07 . . .
. . . Section 77.07(1), Florida Statutes (1997), permits a defendant to move to dissolve the writ, apparently . . . under any legal basis, and section 77.07(2) permits “any other person having an ownership interest in . . . Moreover, section 77.07(4) allows the issues raised in a defendant’s motion for dissolution to be tried . . . As a result, nothing in section 77.07 prohibits American General from filing a motion or answer arguing . . .
. . . is entered, notice to the defendant of the right to an immediate hearing under sections 73.031 and 77.07 . . .
. . . the recipient that he or she must move to dissolve the writ within the time period set forth in s. 77.07 . . . Tech., Inc., 720 So.2d 1167, 1168 (Fla. 4th DCA 1998); § 77.07(1), Fla. Stat. (1997). . . . See § 77.07(2), Fla. Stat. (1997). . . . ’s position that Rudd could never file a motion to dissolve the writ as was his right under section 77.07 . . . Rudd’s right to properly move to dissolve the writ under section 77.07(2) could not be triggered where . . .
. . . . §§ 76.24(1), 77.07(1), Fla. Stat. (1997). . . .
. . . served a Motion to Dissolve Prejudgment Writs of Garnishment (Motion to Dissolve) pursuant to section 77.07 . . . Section 77.07 requires the trial court to dissolve a writ of garnishment “unless the petitioner proves . . . Under section 77.07, Sears Consulting was entitled to a full evidentiary hearing and the burden was upon . . . not admissible to prove facts in issue at an evidentiary hearing such as the one required by section 77.07 . . . We also disagree with ATS’s position because it is contrary to the clear language of section 77.07 and . . .
. . . The required notice must advise the judgment debtor that he may move to dissolve the writ under § 77.07 . . . Pursuant to § 77.07 of the Florida Code, a judgment debtor may, by motion, obtain dissolution of a writ . . .
. . . the motion was “in substance, application, and effect” a motion to dissolve filed pursuant to section 77.07 . . . Section 77.07(2) contemplates that the issues and defenses raised by a defendant in a motion to dissolve . . .
. . . Stat. ch. 77.07(2) (1997). . . . Stat. ch. 77.07(2) ] is granted only to the defendant [ — i.e., the judgment debtor — ] and any other . . . Stat. ch. 77.07(2) and then asserting that it has standing to appeal the denial of that motion to this . . .
. . . . §§ 76.24(1), 77.07 (1), Florida Statutes (1997); see Ayares-Eisenberg Perrine Datsun, Inc. v. . . .
. . . See § 77.07(1), Fla. Stat. (1997); Pleasant Valley Farms & Morey Condensery Co. v. . . .
. . . . § 77.07(2). . . . specifically in the garnishee’s answer, its identity was disclosed sufficiently to meet the requirements of § 77.07 . . .
. . . . § 77.07(2), Fla. Stat.; Beardsley v. Admiral Insurance Co., 647 So.2d 327 (Fla. 3d DCA 1994). . . .
. . . is entered, notice to the defendant of the right to an immediate hearing under sections 73.031 and 77.07 . . .
. . . See generally § 77.07, Fla.Stat. (1993). . . . advise the recipient that he must move to dissolve the writ within the time period set forth in s. 77.07 . . .
. . . . §§ 77.07 and 77.-16, he was entitled to a trial on the ownership of those accounts prior to the garnishment . . .
. . . Elson, 263 So.2d 253 (Fla. 3d DCA 1972); § 77.07, Fla.Stat. (1991). . . .
. . . 1990 = 114.71%/14 = 8.193%. 264,727.23 New principal. 3,495,866.38 AIR 5 May 1990-28 January 1991 == 77.07% . . .
. . . notice to the defendant of his right to an immediate hearing for dissolution of such writ pursuant to s. 77.07 . . . court’s discretionary conclusion that Barbouti had a reasonable probability of success on the merits. § 77.07 . . .
. . . See § 77.07(2), Fla. Stat. (1985). . . .
. . . With respect to the provision for dissolution of the writ, section 77.07(1) now provides: The defendant . . .
. . . Section 77.07(2) Florida Statutes (1983); International Travel Card Inc. v. R.C. . . . The grounds for a defendant’s motion to dissolve are contained in Section 77.07(2). . . . Once a defendant has made a 77.07(2) challenge to the truthfulness of an allegation contained in a plaintiffs . . . Section 77.07(1) Florida Statutes (1983). . . .
. . . Tract II Plaintiffs’ Second Mortgage on Tract I Principal $281,296.08 Interest to January 13, 1983 at $77.07 . . .
. . . Based upon our interpretation of § 77.07(1) and (2), we reverse and remand for reconsideration of the . . . Instead, the Court found that the motion was untimely under § 77.07(2). . . . Hasler argues, in essence, that if a challenge under § 77.07(2) is “untimely,” then a judgment debtor . . . forfeits the right to make a later challenge on the same grounds in a motion to dissolve under § 77.07 . . . Therefore, in any case where notice is required (as in this case), the 20 day time period of § 77.07( . . .
. . . . § 77.07. The creditor has twenty-four hours to contest the debtor’s claim after receiving notice. . . .
. . . below was obligated to conduct a further inquiry as to this issue, under its authority pursuant to § 77.07 . . .
. . . . §§ 77.031, 77.04, 77.06, 77.07, Fla.Stat. (1975). . § 85.031(2), Fla.Stat. (1977): BY SALE WITHOUT . . .
. . . . § 77.07(1) (West Supp.1977). . . . See Fla.Stat.Ann. §§ 77.01, 77.03, 77.04, 77.07, 77.08 (West Supp. 1977); Brown v. . . .
. . . dissolving a writ of garnishment entered prior to judgment pursuant to Sections 77.031, 77.04, 77.06 and 77.07 . . .
. . . judicial treatment of similar prejudgment procedures, we hold that Sections 77.031, 77.04, 77.06, and 77.07 . . . that of Louisiana, provides sufficient constitutional safeguards and points specifically to Section 77.07 . . . Sections 77.031, 77.04, 77.06, and 77.07, Florida Statutes (1975), insofar as they pertain to prejudgment . . . representative capacity held by him if the fiduciary or representative capacity is specified in the writ. 77.07 . . .
. . . At the outset, however, we point out that Section 77.07(2), Florida Statutes (1974), does provide that . . .
. . . Pitney, 139 F.2d 595 (2d Cir. 1943); 5 Collier on Bankruptcy § 77.07. . . .
. . . RDM filed a Motion to Dissolve this garnishment and according to § 77.07, Florida Statutes Annotated, . . .
. . . . § 77.07 does provide for a prompt hearing in which the defendant may challenge the issuance of the . . .
. . . . § 77.07 provides for a trial of the issues made by the writ of garnishment, answer and reply. . . .
. . . thereby, the garnishee is entitled to an order discharging him from further liability under the writ. 77.07 . . .
. . . Under the plan proposed by the plaintiffs, the black population in District 3 would have been 77.07% . . .
. . . . § 77.07, Fla.Stat., F.S.A. . . .
. . . . § 77.07, F.S.A. provides for dissolution of garnishment by the court that entered the writ. . . . . § 77.07, F.S.A., or the posting of a bond under F.S. § 77.24, F.S.A., result in sufficient discharge . . . , the Florida Supreme Court also recognized that a garnishment may be discharged under both F.S. §§ 77.07 . . .
. . . .) ¶ 77.07; 3A Collier, ¶ 62.14. . . .
. . . Section 77.07, in chapter 77, Fla.Stat., F. . . .
. . . Sec. 77.07, F.S.A., dealing with trial of garnishment causes and dissolution of garnishments, is identical . . .
. . . . § 77.07. . . .
. . . sustain an allegation of the original affidavit when challenged by a traverse of the defendant, Sec. 77.07 . . . Sec. 77.07. . . . Sec. 77.07. Cf. Pleasant Valley Farms & Morey Condensery Co. v. Carl, 90 Fla. 420, 106 So. 427. . . .