CHARLOTTE GOLDSTEIN F/K/A CHARLOTTE GINSBERG, APPELLANT,
v.
BURTON GINSBERG, APPELLEE
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PER CURIAM.
Appellant, in 1960, recovered a final judgment covering a number of items, including periodic alimony. The appellee’s continuing duty to make periodic alimony payments ceased in 1965.
In 1980, the appellant sought a continuing writ of garnishment, pursuant to Section 61.12(2), Florida Statutes (1979). The trial court refused to issue a continuing writ of garnishment, and this appeal ensued. We affirm.
There did not appear to be any evidence of a current continuing order to make periodic alimony or support payments in the record before the trial court; to the contrary, the evidence indicated that all such periodic payment orders had ceased. We therefore find that the trial court was eminently correct in not permitting the appellant to secure the issuance of a continuing writ of garnishment directed to the judgment debtor’s employer. See and compare: Schwarz v. Waddell, 389 So. 2d 210 (Fla. 4th DCA 1980).
Affirmed.
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Felice Ginsberg v. Goldstein, 404 So. 2d 1098 (Fla. 3d DCA 1981)…ffirmed.7 Affirmed in part, reversed in part. . The prior appellate history of this case stretches from Ginsberg v. Ginsberg, 113 So. 2d 565 (Fla. 3d DCA 1959), and Ginsberg v. Ginsberg, 127 So. 2d 137 (Fla. 3d DCA 1961), to Goldstein v. Ginsberg, 399 So. 2d 415 (Fla. 3d DCA 1981). . An initial challenge by Ginsberg to Charlotte’s right to the $505.38 difference has been withdrawn and only $1,500 is now in issue. [3] 3. James v. Commercial Bank at Apopka, 310 So. 2d 399 (Fla. 4th DCA 1975) involves the c…
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Nichols v. Elton H. Schwarz, 504 So. 2d 503 (Fla. 4th DCA 1987)…1.12(2), Florida Statutes (Supp.1984), for collecting a judgment for arrearages of child support, but is limited in application to ensuring the collectibility of future periodic payments of alimony or child support. See, e.g., Goldstein v. Ginsberg, 399 So. 2d 415 (Fla. 3d DCA 1981) (where husband’s duty to make periodic payments had ended, continuing writ of garnishment was not available). AFFIRMED. HERSEY, C.J., and ANSTEAD and DELL, JJ., concur.…
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Cooper v. Ina P. Cooper, 546 So. 2d 107 (Fla. 4th DCA 1989)…, a continuing writ to recover arrearages for past due support for an emancipated child, for example, would not issue because there was no ongoing future duty of support. Nichols v. Schwarz, 504 So. 2d 503 (Fla. 4th DCA 1987); Goldstein v. Ginsberg, 399 So. 2d 415 (Fla. 3d DCA 1981). Other cases held that, because the statute referred to “orders” of the court for alimony and support, rather than a judgment, reduction of the amounts due to a final judgment made the exception contained in 61.12 inapplicable and…
Authorities Cited
- Elton H. Schwarz v. Honorable Tom Waddell, Jr., 389 So. 2d 210 (Fla. 4th DCA 1980)