HARBORSIDE SUITES
v.
ROSEN
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When a debtor or third party challenges a writ of garnishment by claiming the garnished funds belong to someone other than the debtor, the trial court must conduct a trial of the issues rather than resolve the matter at a non-evidentiary hearing.
[1] A trial court must conduct a trial on the issues when a third party claims ownership of garnished property.
[2] A trial court must conduct a trial on the issues when a debtor challenges the truth of the allegations in a creditor's petition for a writ of garnishment.
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Join FLexlaw to unlock all legal intelligence“Either method requires a trial of the issues.”
Court's statement that whether a debtor challenges the truth of allegations or a third party claims ownership, a trial is mandatory.
Harborside Suites obtained writs of garnishment against debtor Michael Rosen. Rosen and third parties filed claims alleging that the garnished funds b…
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PER CURIAM.
Harborside Suites, LLC, appeals the trial court order dissolving writs of garnishment after the trial court’s non-evidentiary hearing on the allegation of appellee debtor, Michael Rosen, as well as that of third parties, claiming that the garnished funds belong to someone other than the debtor. We reverse and remand for trial, on the authority of Merriman Investments, LLC v. Ujowundu, 123 So. 3d 1191, 1193 (Fla. 3d DCA 2013):
Once issued, the trial court may consider a request to dissolve the writ under certain circumstances. Depending on the circumstance, the request to dissolve may be made in either of two ways: (1) on motion of the debtor challenging the truth of the allegations in the creditor's petition for the writ, see § 77.07, Fla. Stat. (2001); or (2) on an affidavit of a third party claiming the garnished property belongs to the third party and not the debtor. See § 77.16, Fla. Stat. (2001). Either method requires a trial of the issues. §§ 77.07, 77.16.
Reversed and remanded for further proceedings.
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Authorities Cited
- Merriman Invs., LLC v. Therese Ujowundu, 123 So. 3d 1191 (Fla. 3d DCA 2013)