The 2023 Florida Statutes (including Special Session C)

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 77
GARNISHMENT

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F.S. 77.13

77.13 Execution on garnishee’s refusal to surrender property.—If garnishee will not surrender the personal property belonging to defendant, provided he or she has the power to do so, and which garnishee has admitted is in his or her possession, the court may order execution issued against garnishee for the unpaid amount of plaintiff’s judgment against defendant. The officer shall sell garnishee’s property as under other executions. Garnishee may release his or her property from the levy and sale by surrendering the property of defendant to the officer levying the execution at the time appointed for the sale of garnishee’s property so levied on, or at any time before the day of the sale and by paying the costs of the proceedings to sell up to the time of the surrender.

History.—s. 5, ch. 43, 1845; RS 1675; GS 2139; RGS 3441; CGL 5294; s. 27, ch. 67-254; s. 393, ch. 95-147.

F.S. 77.13 on Google Scholar

F.S. 77.13 on Casetext

Amendments to 77.13

Arrestable Offenses / Crimes under Fla. Stat. 77.13

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 77.13.

Annotations, Discussions, Cases:

Cases from cite.case.law:

SPANO, Jr. v. THE BOEING COMPANY, M., 125 F. Supp. 3d 848 (S.D. Ill. 2014)

. . . equated to a rate of $13.29 per-participant in 1998, $76.26 in 2000, $62.95 in 2001, $50.90 in 2002, $77.13 . . .

TOWN OF BARNSTABLE, MASSACHUSETTS, v. FEDERAL AVIATION ADMINISTRATION, LLC,, 740 F.3d 681 (D.C. Cir. 2014)

. . . . §’ 77.13, and define an “obstruction” in terms of height and location. Id. § 77.17. . . .

TOWN OF BARNSTABLE, MASSACHUSETTS, v. FEDERAL AVIATION ADMINISTRATION, LLC,, 659 F.3d 28 (D.C. Cir. 2011)

. . . . § 77.13. . . .

GOODSPEED AIRPORT, LLC, v. EAST HADDAM INLAND WETLANDS AND WATERCOURSES COMMISSION, 681 F. Supp. 2d 182 (D. Conn. 2010)

. . . . § 77.13(a)(1), as well as any proposed construction or alteration that would be of greater height than . . . See id. § 77.13(a)(2). . . . construction or alteration of an airport itself requires notice to be given to the FAA, either under § 77.13 . . .

CLARK COUNTY, NEVADA, A v. FEDERAL AVIATION ADMINISTRATION,, 522 F.3d 437 (D.C. Cir. 2008)

. . . . § 77.13. . . .

BRENEMAN D. v. UNITED STATES,, 57 Fed. Cl. 571 (Fed. Cl. 2003)

. . . . § 77.13 (1972) (requiring notice of proposed construction in airport approach areas). . . .

BFI WASTE SYSTEMS OF NORTH AMERICA, INC. v. FEDERAL AVIATION ADMINISTRATION,, 293 F.3d 527 (D.C. Cir. 2002)

. . . . § 77.13(a)(1). . . . Under the regulations, “[e]ach person who is required to notify the [FAA] under § 77.13(a) shall send . . .

In MASVIDAL, CONTINENTAL NATIONAL BANK OF MIAMI, v. E. TAVORMINA,, 10 F.3d 761 (11th Cir. 1993)

. . . . § 77.13. . . .

In MASVIDAL, CONTINENTAL NATIONAL BANK OF MIAMI, v. E. TAVORMINA,, 10 F.3d 761 (11th Cir. 1993)

. . . . § 77.13. . . .

M. BROWN W. v. UNITED STATES,, 30 Fed. Cl. 23 (Fed. Cl. 1993)

. . . . § 77.13 in support of this assertion. . . . Plaintiffs point to 14 C.F.R. § 77.13 as prohibiting construction of objects above a 100-1 slope, which . . . However, 14 C.F.R. § 77.13 requires only that notice be given to the Administrator of the Federal Aviation . . .

GREATER ORLANDO AVIATION AUTHORITY, v. FEDERAL AVIATION ADMINISTRATION, Co. d b a WMNZ AM GREATER ORLANDO AVIATION AUTHORITY, v. FEDERAL AVIATION ADMINISTRATION, Co. d b a WWNZ AM, 939 F.2d 954 (11th Cir. 1991)

. . . Federal Aviation Administration or an appropriate military service on the date the notice required by § 77.13 . . .

FLOWERS MILL ASSOCIATES, a v. UNITED STATES, 23 Cl. Ct. 182 (Cl. Ct. 1991)

. . . . §§ 77.11, 77.13, 77.15. . . .

In CHICAGO, MILWAUKEE, ST. PAUL AND PACIFIC RAILROAD COMPANY, CMC REAL ESTATE CORPORATION, 891 F.2d 159 (7th Cir. 1989)

. . . . § 205; see Collier on Bankruptcy, § 77, ¶ 77.13 (14th. ed. 1978). . . .

SCHWEITZER v. CONSOLIDATED RAIL CORPORATION SEIBERT, D. v. CONSOLIDATED RAIL CORPORATION A. WENTZEL v. CONSOLIDATED RAIL CORPORATION SCHOLING v. CONSOLIDATED RAIL CORPORATION H. SCHOLL, M. v. CONSOLIDATED RAIL CORPORATION W. SCHWAMBACK v. CONSOLIDATED RAIL CORPORATION L. FRANK, C. v. CONSOLIDATED RAIL CORPORATION R. FENSTERMACHER v. CONSOLIDATED RAIL CORPORATION, 36 B.R. 469 (E.D. Pa. 1984)

. . . Id at section 205(b); 5 Collier on Bankruptcy (14th ed. 1978) ¶ 77.13[1]. . . .

HAHN, v. UNITED STATES, 535 F. Supp. 132 (D.S.D. 1982)

. . . See part III of this opinion, in which the court further addresses the causation issue. . 14 C.F.R. 77.13 . . .

A. KNIGHT, T. v. UNITED STATES, 498 F. Supp. 316 (E.D. Mich. 1980)

. . . determination, the Specialist requested Sparks to submit the supplemental notice provided by 14 CFR § 77.13 . . . (b). 11. 14 CFR § 77.13(b) provides that, when requested, the proponent of a tower must give notice of . . . Handbook 7400.2B, paragraph 1229, requires that when the Specialist receives these notices under § 77.13 . . . and was not intended by him to be the notice in advance of actual construction required by 14 CFR § 77.13 . . . He further testified that he would have provided the notice required by § 77.13(b) at that time, but . . .

AIRCRAFT OWNERS AND PILOTS ASSOCIATION, v. FEDERAL AVIATION ADMINISTRATION, WSET,, 600 F.2d 965 (D.C. Cir. 1979)

. . . . § 77.13(a)(1). . . .

CITY OF ROCHESTER, a v. M. BOND,, 603 F.2d 927 (D.C. Cir. 1979)

. . . anyone seeking to build structures exceeding 200 feet in height in the vicinity of an airport. 14 C.F.R. 77.13 . . . modify structures having specified characteristics must give notice to the FAA. 14 C.F.R. §§ 77.11, 77.13 . . .

ITT COMMUNITY DEVELOPMENT CORPORATION, a v. BARTON, a k a A. R. R. P. A., 569 F.2d 1351 (5th Cir. 1978)

. . . . § 77.13 (West Supp.1977) provided that in the event a prejudgment garnishee, against whom a judgment . . . Section 77.13 went on to provide that writs of execution so issued would be handled as other executions . . .

AIR LINE PILOTS ASSOCIATION INTERNATIONAL, v. DEPARTMENT OF TRANSPORTATION, FEDERAL AVIATION ADMINISTRATION, H., 446 F.2d 236 (5th Cir. 1971)

. . . . §§ 77.11, 77.13, 77.15. . . . the ground level at the site of the construction is “an obstruction to air navigation.” 14 C.F.R. §§ 77.13 . . .

W. WIRTZ, v. MODERN TRASHMOVAL, INC. a W. WIRTZ, v. MODERN TRASHMOVAL, INC. a, 323 F.2d 451 (4th Cir. 1963)

. . . Of the total number of stops, 38.41% were for charges of less than $1.00 per stop; 77.13% were for less . . .

v., 10 T.C. 520 (T.C. 1948)

. . . . $025.60 $77.13 Carpets and Rugs_ 7,938.97 661.57 Kitchen Equipment_-1,400.37 70.02 Curtains-1,622. . . .

In SHOEMAKER, 205 F. 113 (3d Cir. 1913)

. . . * together with the taxed costs of the plaintiff and applying creditors in said suit, amounting to $77.13 . . . creditors who had joined in the attachment, entitled “Costs on Discontinuance,” which amounted to $77.13 . . .