KENNETH RAMSEYER, APPELLANT,
v.
WILLIAM WILLIAMSON AND JOYCE WILLIAMSON, HIS WIFE, APPELLEE

Fla. 5th DCA | 1994-07-22
No. 94-567
DAUKSCH and COBB, JJ., concur.
639 So. 2d 205 Florida District Court of Appeal, Fifth District (1994) Positive Treatment
Cited by 3 cases
Opinion of the Court
HARRIS, Chief Judge.

HARRIS, Chief Judge.

Appellant, Kenneth Ramseyer, appeals the trial court’s denial of his motion to dissolve a writ of garnishment. Because this is not an appealable non-final order pursuant to Rule 9.130, Florida Rules of Appellate Procedure, this appeal is dismissed.

We note that Mr. Ramseyer included within his initial brief a document entitled “Petition for Writ of Prohibition.” Because this document was not properly filed with this court, it is without effect.

DAUKSCH and COBB, JJ., concur.

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  • In re Amendments to the Florida Rules of Appellate Procedure, 2 So. 3d 89 (Fla. 2008)
    …0(a)(3)(C)(ii) was amended to address a conflict in the case law concerning whether orders granting, modifying, dissolving, or refusing to grant, modify, or dissolve garnishments are appealable under this subdivision. Compare Ramseyer v. Williamson, 639 So. 2d 205 (Fla. 5th DCA 1994) (garnishment order not appealable), with 5361 N. Dixie Highway v. Capital Bank, 658 So. 2d 1037 (Fla. 4th DCA 1995) (permitting appeal from garnishment order and acknowledging conflict). The amendment is not intended to limit or…
  • 5361 N. Dixie Hwy., Inc. v. Cap. Bank, 658 So. 2d 1037 (Fla. 4th DCA 1995)
    …Procedure 4.2 which did not include a provision for review of orders determining the right to immediate possession of property. That section was added in the 1977 revision of the rules. We acknowledge possible conflict with Ramseyer v. Williamson, 639 So. 2d 205 (Fla. 5th DCA 1994), in which the court dismissed an appeal of a denial of a motion to dissolve a writ of garnishment because the order was not an appealable non-final order under rule 9.130. Having resolved that there is jurisdiction for a non-fi…
  • Alvaro Martinez, Jr., M.D. v. GOLISTING.COM, Inc., 233 So. 3d 1190 (Fla. 3d DCA 2017)
    …o grant, modify, or dissolve garnishments are appealable under this subdivision. See Committee Notes to In re Amendments to the Fla. Rules of Appellate Procedure, 2 So. 3d 89, 93 (Fla. 2008) (noting conflicting authorities in Ramseyer v, Williamson, 639 So. 2d 205 (Fla. 5th DCA 1994) (garnishment order not appealable) and 5361 N. Dixie Highway v. Capital Bank, 658 So. 2d 1037 (Fla. 4th DCA 1995) (permitting appeal from garnishment order and acknowledging conflict)); Fla. R. App. P. 9.130(a)(3)(C)(ii), committ…

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