Legal Opinion
Brown v. Liberty Loan Corp.
Court of Appeals for the Fifth Circuit
Decided October 6, 1976No. 75-1460PublishedCited by 29 opinions
1Opinion of the Court
WISDOM, Circuit Judge:
The State of Florida appeals from a district court’s declaratory judgment holding §§ 77.01, 77.03, and 222.12, Florida Statutes,1 unconstitutional as violative of the Due Process Clause of the Fourteenth Amendment to the United States Constitution insofar as they permit the postjudgment garnishment of an individual’s wages without first providing that individual with notice of and an opportunity for a hearing to contest the propriety of the garnishment. This holding must be reversed as an erroneous application of constitutional principles to the statutory scheme in…
2Cases cited40 opinions
- Mathews v. EldridgeSupreme Court of the United States · 1976
- Younger v. HarrisSupreme Court of the United States · 1971
- Board of Regents of State Colleges v. RothSupreme Court of the United States · 1972
- Edelman v. JordanSupreme Court of the United States · 1974
- Goldberg v. KellySupreme Court of the United States · 1970
35 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- Finberg v. SullivanCourt of Appeals for the Third Circuit · 1980
- Deary v. Guardian Loan Co., Inc.District Court, S.D. New York · 1982
- Brown v. Liberty Loan Corporation Of DuvalCourt of Appeals for the Fifth Circuit · 1976
- Cynthia McCahey v. L.P. Investors, Allen M. Rosenthal, Affiliated Credit Adjusters, Sheriff of Suffolk County, Suffolk County ClerkCourt of Appeals for the Second Circuit · 1985
- First Resolution Investment Corp. v. SekerSupreme Court of New Jersey · 2002
24 more not listed; retrieve them via the Exa API.