GEORGE WILLIAMS, APPELLANT,

v.

THE STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Sec. Bank, N.A. v. Bellsouth Advertising & Publ'g Corp., 679 So. 2d 795 (Fla. 3d DCA 1996)
  …he defendant, the principal debtor, and can assert only the rights of the latter. Howe v. Hyer, 36 Fla. 12, 17 So. 925, 926 (1895). Accord Foxbridge, Inc. v. Tartan-Laver Delray, Inc., 528 So. 2d 1255, 1257 (Fla. 4th DCA 1988); Carpenter v. Benson, 478 So. 2d 353, 354 (Fla. 5th DCA 1985), review denied, 488 So. 2d 829 (Fla.1986). C. The next question is how to analyze the garnishment proceeding when there is a default. The statute and Form 1.907(a) of the Florida Rules of Civil Procedure both specify the t…
• Tire Kingdom, Inc. v. Bowman, 480 So. 2d 221 (Fla. 5th DCA 1985)
  …v. Charter Air Ctr., 449 So. 2d 350 (Fla. 1st DCA 1984). We find no gross abuse of discretion here in the denial of Tire Kingdom’s motion to set aside the default. However, under the reasoning in this court’s recent decision in Carpenter v. Benson, 478 So. 2d 353 (Fla. 5th DCA 1985), the final judgment for the full amount claimed by Bowman must be set aside. In Carpenter v. Benson, Carpenter recovered a judgment for $32,500 against Benson and later served a writ of garnishment on Benson’s employer, All Count…
• Suntrust Bank v. Arrow Energy, Inc., 199 So. 3d 1026 (Fla. 4th DCA 2016)
  …of the amount of its liability to the judgment debtor. Awarding interest in excess of that amount would be contrary to that statute and an unconstitutional deprivation of the garnishee’s property without due process of law. See Carpenter v. Benson, 478 So. 2d 353, 354 (Fla. 5th DCA 1985). We acknowledge Arrow’s concern that a garnishee could benefit by intentionally withholding funds due to the garnish- or, but we recognize that the court has many tools to obtain compliance with its orders. And when the cou…