Baker v. Storfer

This appeal stems from an unpaid personal judgment obtained by J. Stuart Baker (“Creditor”) against Howard I. Storfer (“Debtor”). Creditor sought to collect the judgment by garnishing Debtor’s wages. Creditor filed a motion for a continuing writ of garnishment, pursuant to section 77.0305, Florida Statutes (2009). Garnishee, Debtor’s employer, objected to the writ, contending that Debtor was paid by commissions and that commissions were not “salary or wages” as envisioned by section 77.0305. The trial court agreed, reasoning that Debtor, as a commissioned employee, did not have income that…