Legal Opinion

RPS, Inc. v. Travel Max International, Inc.

District Court of Appeal of Florida

Decided August 7, 2002No. 4D01-2720PublishedCited by 5 opinions

1Opinion of the CourtFarmer, J.

We reverse three determinations in proceedings to collect a money judgment. First, we hold that it was error to dissolve the writ of garnishment. The judgment creditor, who is the garnishor, demanded a jury trial on the claimant’s contention that the funds in the bank account subjected to the writ of garnishment belonged solely to it and not to the judgment debtor. When the garnishor demands a jury on this issue, the statutes require the judge to empanel a jury to try the issue of ownership of the property sought to be garnished. See § 77.16(1), Fla. Stat. (2001) (“If any person other than…

2Cases cited1 opinion

  1. All American Semi-Conductor, Inc. v. Ellison Graphics Corp.District Court of Appeal of Florida · 1992

3Cited by5 opinions

  1. Green v. Department of Revenue Ex Rel. WilliamsDistrict Court of Appeal of Florida · 2011
  2. Calderon v. KalbDistrict Court of Appeal of Florida · 2007
  3. Meadowcroft Condominium Association, Inc. v. Florida Southern Roofing & Sheet Metal, Inc.; Aspen Specialty Insurance CompanyDistrict Court, M.D. Florida · 2026
  4. Stansell v. Revolutionary Armed Forces of ColombiaDistrict Court, S.D. Florida · 2022
  5. Travelers Casualty & Surety Company of America v. C & N Yacht Refinishing, Inc.District Court, S.D. Florida · 2022

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