AUGUSTA WILLIAMS, A MINOR BY AND THROUGH HER MOTHER AND NATURAL GUARDIAN, PATRICIA WILLIAMS AND PATRICIA WILLIAMS, INDIVIDUALLY, APPELLANTS,
v.
DADE COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, APPELLEE
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An ex-wife was not entitled to garnish her former husband's wages to collect two judgments for support of herself and their children, as these judgments were based on a contract action rather than an order for support.
Neither the judgment for $20,200 based on a separation agreement nor the judgment for $5,850 for arrearages was enforceable by a writ of garnishment because they were not based on an action to enforce a decree or order of the court in a proceeding for dissolution, alimony, or child support.
The ex-wife sought to garnish her former husband's wages to collect two judgments: one for $20,200 based on a separation agreement and another for $5,…
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PER CURIAM.
Reversed and remanded for further proceedings. As a matter of law, the plaintiffs/appellants have stated a cause of action. See Supreme Court of Florida combined opinion, Commercial Carrier Corporation v. Indian River County and Cheney v. Dade County, 371 So. 2d 1010 (Fla.1979); and Ferla v. Metropolitan Dade County, d/b/a Jackson Memorial Hospital, 374 So. 2d 64 (Fla. 3d DCA 1979); Section 768.28, Florida Statutes (1975).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Commercial Carrier Corp. v. Indian River Cnty., 371 So. 2d 1010 (Fla. 1979)
- Bias v. Warner Bias, 374 So. 2d 64 (Fla. 3d DCA 1979)