Legal Opinion

City of Delray Beach v. Desisto

District Court of Appeal of Florida

Decided November 9, 2016No. 4D15-2813Published

1Opinion of the CourtMay, J.

The city appeals a final judgment of garnishment. It argues the trial court erred in failing to rule on the merits of it's motions to dissolve the writ of garnishment. We agree arid reverse.'

The plaintiff obtained a judgment against the City of Delray Beach for wrongful termination. The trial court reserved the right to award attorney’s fees. The city appealed the underlying judgment; the plaintiff cross-appealed.

During that appeal, the trial court entered an attorney’s fees judgment, subject to the city’s sovereign immunity cap. The city did not appeal that judgment. The plaintiff then moved…

2Cases cited5 opinions

  1. Arnold, Matheny, Pa v. First Am. HoldingsSupreme Court of Florida · 2008
  2. Akerman Senterfitt & Eidson, P.A. v. Value Seafood, Inc.District Court of Appeal of Florida · 2013
  3. Cadle Co. v. Pegasus Ranch, Inc.District Court of Appeal of Florida · 2006
  4. Levin v. Ethan Allen, Inc.District Court of Appeal of Florida · 2002
  5. Morin Magloire and Germain Jean Claude v. The Bank of New YorkDistrict Court of Appeal of Florida · 2014

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