VEN-MAR OF INDIAN RIVER, INC., PETITIONER,
v.
HON. W. ROGERS TURNER, CIRCUIT COURT JUDGE, ETC. ET AL., RESPONDENTS
PER CURIAM.
DENIED.
DIAMANTIS, J., and COWART, J., Retired, concur. DAUKSCH, J., dissents with opinion.
DAUKSCH, Judge,
dissenting.
I respectfully dissent.
The statute permitting prejudgment garnishment of alleged debtors funds provides for a dissolution of the writ of garnishment. It also provides that the trial “court shall set down such motion [a motion for dissolution of the writ] for an immediate hearing.
Here, the debtor filed a motion to dissolve the writ on January 21, 1993 and the trial judge set it down for a jury trial, because the creditor asked for a jury trial, “at the earliest available trial period.” Apparently that occurs some three months away.
If all the allegations of petitioner are true then this is an extreme example of “justice delayed is justice denied.”
I would grant the writ and have the circuit court, by whatever judge is immediately available, give these litigants the trial the statute and the sense of justice requires. I know there are always trial judges and jurors available.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Betancourt v. Fla. Ins. Guar. Ass'n, Inc., 153 So. 3d 936 (Fla. 2d DCA 2014)…ed. [*938] Based on these clear statutory provisions, the Homeowners were required to file suit against FIGA by May 2, 2012, within one year of the deadline for filing claims provided in the order of liquidation. See Fla. Ins. Guar. Ass’n v. Garcia, 614 So. 2d 684, 685 (Fla. 2d DCA 1993); Webb v. Chambly, 584 So. 2d 216, 216-17 (Fla. 4th DCA 1991); Montano v. Fla. Ins. Guar. Ass’n, 535 So. 2d 658, 659 (Fla. 3d DCA 1988); see also Fla. Ins. Guar. Ass’n v. Jones, 802 So. 2d 483, 483 (Fla. 3d DCA 2001) (citing s…