§Why CasetextPricing

Tosto, et al v. Zelaya, et al

MOTION Dissolve Writ re Writ of Garnishment, and Incorporated Memorandum of Law

11 Cited authorities

  1. Dania Jai-Alai Palace, Inc. v. Sykes

    450 So. 2d 1114 (Fla. 1984)   Cited 298 times   5 Legal Analyses
    Holding that liability for an employee's negligence extends only to the employer-corporation, based on the rule that persons using the corporate form to conduct business are protected from personal liability unless the corporation is formed or used for an illegal, fraudulent or other unjust purpose which justifies piercing of the corporate veil

  2. APR ENERGY, LLC v. PAKISTAN POWER RESOURCES, LLC

    Case No. 3:08-cv-961-J-25MCR (M.D. Fla. Feb. 20, 2009)   Cited 3 times
    In APR Energy, the court granted a motion to dissolve prejudgment writ of garnishment because the federal district court in Florida "d[i]d not have jurisdiction to issue a writ of garnishment against [a] bank account in Oklahoma."

  3. Merrill v. Valat Intern

    987 So. 2d 703 (Fla. Dist. Ct. App. 2008)   Cited 1 times

    Nos. 3D07-2875, 3D07-3106. June 11, 2008. Rehearing Denied August 14, 2008. Appeal from the Circuit Court, Miami-Dade County, Mindy S. Glazer, J. Shutts Bowen and Robert Fracasso, Stephen B. Gillman, and Stephen T. Maher, for appellant. De la Pena Group and Leoncio E. de la Pena D., Otto de Cordoba, and Tracy Perez, for appellee, Valat International Holdings, Ltd. Akerman Senterfitt and J. Thomas Cardwell, Orlando, Katherine E. Giddings, and Nancy M. Wallace, Tallahassee, for amicus curiae, The Florida

  4. Ginsberg v. Goldstein

    404 So. 2d 1098 (Fla. Dist. Ct. App. 1981)   Cited 26 times
    Noting that "[f]or the purposes of garnishment a bank deposit prima facie belongs to the person in whose name it stands."

  5. Nat. Car Rental v. Bruce A. Ryals

    380 So. 2d 529 (Fla. Dist. Ct. App. 1980)   Cited 9 times
    Noting that the garnishor must prove that the property to be garnished is the debtor's

  6. Payton v. Swanson

    175 So. 2d 48 (Fla. Dist. Ct. App. 1965)   Cited 4 times

    No. 65-144. May 11, 1965. Rehearing Denied June 7, 1965. Appeal from the Civil Court of Record for Dade County, Leland B. Featherstone, J. Klein, Tannenbaum, McGovern, Miami, for appellant. David D. Phillips and Herbert Friesner, Miami, for appellee. Before TILLMAN PEARSON, CARROLL and HENDRY, JJ. HENDRY, Judge. Appellant-defendant prosecutes this interlocutory appeal from an order denying his motion to dismiss for lack of jurisdiction. Plaintiff-appellee, a non-resident of Florida, filed a complaint

  7. Gribbel v. Henderson

    10 So. 2d 734 (Fla. 1942)   Cited 18 times

    November 10, 1942 Rehearing Denied December 11, 1942 Carl T. Hoffman, L.L. Robinson, Sam C. Matthews and J. Lewis Hall, for petitioner. Mabry, Reaves, Carlton White and Tillman Henderson, for respondents. Petitions for Writs of Certiorari to the Circuit Court for Hillsborough County, L.L. Parks, Circuit Judge. WHITFIELD, J.: There are three petitions for interlocutory certiorari under Rules 27, 28, and 34 to review orders of the Circuit Court in equity denying motions to quash the service of process

  8. Rule 69 - Execution

    Fed. R. Civ. P. 69   Cited 3,947 times   6 Legal Analyses
    Adopting state law for procedures to execute judgments and obtain relevant discovery

  9. Section 56.29 - Proceedings supplementary

    Fla. Stat. § 56.29   Cited 358 times   19 Legal Analyses
    Stating that "within 1 year before the service of process on the judgment debtor in the original proceeding . . . the judgment debtor has the burden of proof to establish that such transfer or gift was not made to delay, hinder, or defraud creditors."

  10. Section 77.07 - Dissolution of writ

    Fla. Stat. § 77.07   Cited 84 times   1 Legal Analyses
    Permitting "any other person having an ownership interest in [garnished] property" to move to dissolve the writ with a motion "stating that any allegation in plaintiff's motion for writ is untrue"

  11. Section 77.08 - Writ; jury trial

    Fla. Stat. § 77.08   Cited 7 times

    On demand of either party a jury summoned from the body of the county shall be impaneled to try the issues. Fla. Stat. § 77.08 s. 1, ch. 7353, 1917; RGS 3455; CGL 5308; s. 27, ch. 67-254.