GENEVA L. SUTTON, APPELLANT,
v.
RUSSELL R. SUTTON, APPELLEE
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Wife was entitled to an examination of husband's property under Florida Statute § 56.29 to enforce a judgment for unpaid spousal support, and the trial court erred in denying her motion for such examination.
A judgment creditor has a statutory right under Florida Statute § 56.29 to compel examination of a judgment debtor's property when the judgment remains unsatisfied and execution has been returned.
[1] A judgment creditor may compel examination of a judgment debtor's property under Florida Statute § 56.29 upon showing an outstanding unsatisfied judgment and execution.
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Join FLexlaw to unlock all legal intelligence“The plaintiff wife had a clear legal right to the relief sought, as mandated by the cited statute.”
Court's holding on the wife's entitlement to the examination motion
Following a dissolution of marriage judgment, the husband failed to make ordered payments to the wife. The wife obtained a $5,000 judgment against the…
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PER CURIAM.
Following a judgment of dissolution of marriage, on motion of the wife, for failure of the husband to make certain payments which on final judgment he had been ordered to pay for benefit of the wife, the court entered a judgment against the husband for $5,000.00 for which execution was directed to be issued.
Thereafter, predicated upon her affidavit that said judgment was outstanding and unsatisfied, and a filed Sheriff’s affidavit showing an outstanding, unsatisfied execution on the judgment, the wife moved (as provided for in Section 56.29, Florida Statutes (1977)) for an order to require the husband, as the defendant in execution, to appear before the court or a master appointed by the court, to be examined concerning his property.1 The court, by an order which did not assign reasons therefor, denied the wife’s motion.
On consideration of this appeal by the wife therefrom, we hold the court was in error in denying said motion. The plaintiff wife had a clear legal right to the relief sought, as mandated by the cited statute. The order appealed from is reversed, and the cause is remanded for further proceedings.
. § 56.29, Fla.Stat. (1977), provides that upon such a showing, on motion of the plaintiff, the court shall so require of the defendant in execution, at a time and place to be specified by the order, with provision for service of the order (as for a summons or by service on defendant or his attorney as provided for service of a pleading) a reasonable time before the date of examination; with further provisions relating to said examination.
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Houstoun v. Mara Rafart Houstoun, 645 So. 2d 1113 (Fla. 3d DCA 1994)…aintiff ever request the court to reduce the arrearages for alimony, child support, and mortgage payments to a monetary judgment. Compare Guarino v. Guarino, 431 So. 2d 189 (Fla. 2d DCA), rev. dismissed, 441 So. 2d 632 (Fla. 1983); Sutton v. Sutton, 382 So. 2d 776 (Fla. 3d DCA 1980). Consequently, it was error for the trial court to treat this court order as a monetary judgment and to foreclose such order as a judgment lien against the defendant’s real property. 33 Fla.Jur.2d Judgments & Decrees § 407 (1994);…