PETER M. CAMODECA, PERSONAL REPRESENTATIVE OF THE ESTATE OF ANTHONY CAMODECA, DECEASED, APPELLANT,
v.
FRANK CAMODECA, APPELLEE

Fla. 2d DCA | 1985-06-14
No. 84-1790
DANAHY, A.C.J., and HALL, J., concur.
470 So. 2d 863 Florida District Court of Appeal, Second District (1985) Positive Treatment
Cited by 2 cases
Opinion of the Court
CAMPBELL, Judge.

CAMPBELL, Judge.

This is an appeal from a writ of garnishment based upon an underlying judgment rendered in the main proceeding between the parties. That judgment on appeal to this court has been reversed. Peter M. Camodeca v. Frank Camodeca, 464 So. 2d 662 (Fla. 2d DCA 1985).

In this proceeding, the writ of garnishment must also be reversed. Garnishment proceedings are collateral to the main suit, and it is improper to allow a garnishment based upon an underlying judgment that fails. Florida Cent. & P.R. Co. v. Carstens, 48 Fla. 72, 37 So. 566 (1904).

Accordingly, the judgment of the trial court is reversed.

DANAHY, A.C.J., and HALL, J., concur.

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Cited By

  • Polley v. Polley, 588 So. 2d 638 (Fla. 3d DCA 1991)
    …ishment. The husband obtained the writs to collect the judgment award of attorney’s fees. This court’s reversal of the trial court’s judgment ordering the wife to pay the husband’s attorney’s fees renders the petition moot. See Camodeca v. Camodeca, 470 So. 2d 863 (Fla. 2d DCA 1985); National Car Rental Sys., Inc. v. Bruce A. Ryals Enter., Inc., 380 So. 2d 529, 531 (Fla. 5th DCA 1980); see also, Hamilton v. Hanks, 309 So. 2d 229, 230 (Fla. 4th DCA 1975). In summary, we reverse the portions of the judgment th…

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