Legal Opinion

Bunton v. First National Bank of Tampa

District Court, M.D. Florida

Decided April 18, 1975No. 73-350 Civ. T-KPublishedCited by 6 opinions

1Opinion of the Court

ORDER

KRENTZMAN, District Judge.

This is a civil rights action brought by the plaintiff pursuant to 42 U.S.C. § 1983 and its jurisdictional counterpart 28 U.S.C. § 1343(3) to declare unconstitutional the Florida statutory pre-judgment garnishment procedure as set out in Fla.Stat.Ann. §§ 77.031, 77.04, and 77.06 et seq. Plaintiff alleges that the Florida pre-judgment garnishment provisions violate the Due Process Clause of the Fourteenth Amendment because the procedure effectively deprived the plaintiff of his property, specifically a bank account, without prior notice or an opportunity for a…

2Cases cited6 opinions

  1. Fuentes v. ShevinSupreme Court of the United States · 1972
  2. Sniadach v. Family Finance Corp. of Bay ViewSupreme Court of the United States · 1969
  3. Mitchell v. W. T. Grant Co.Supreme Court of the United States · 1974
  4. North Georgia Finishing, Inc. v. Di-Chem, Inc.Supreme Court of the United States · 1975
  5. Francisco v. GathrightSupreme Court of the United States · 1974

1 more not listed; retrieve them via the Exa API.

3Cited by6 opinions

  1. ITT Community Development Corp. v. BartonCourt of Appeals for the Fifth Circuit · 1978
  2. Brown v. Liberty Loan Corporation Of DuvalCourt of Appeals for the Fifth Circuit · 1976
  3. Brown v. Liberty Loan Corp.Court of Appeals for the Fifth Circuit · 1976
  4. Ray Lein Const., Inc. v. WainwrightSupreme Court of Florida · 1977
  5. Shannon v. Great Southern Equipment Co.District Court of Appeal of Florida · 1976

1 more not listed; retrieve them via the Exa API.

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