IN THE INTEREST OF D. A. W., A CHILD

Fla. 4th DCA | 1966-05-11
No. 638
186 So. 2d 786 Florida District Court of Appeal, Fourth District (1966) Positive Treatment
Cited by 6 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Ordered that motion to dismiss filed by Appellee-State of Florida is hereby granted and this appeal commenced by notice filed 1 March 1966 in Case No. 9321 of the Juvenile Court for Orange County is hereby dismissed. See In re Wartman’s Estate, Fla.1961, 128 So.2d 600.


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  • Ihsan Barbouti v. Loizos Lysandrou, 559 So. 2d 648 (Fla. 3d DCA 1990)
    …ex rel. American Piano Co. v. Superior Court, 105 Wash. 676, 178 P. 827 (1919) (attachment or garnishment lies for conversion of property arising from contract claim). See generally 38 C.J.S. Garnishment §§ 7-8 (1943). See also Papadakos v. Spooner, 186 So. 2d 786 (Fla. 3d DCA 1966). Under this rule, and because one count of the plaintiff’s seven count complaint specifically alleges a breach of contract,5 we conclude that the [*651] pre-judgment garnishment writ in question properly lies as one sounding not i…
  • Robinson v. Loyola Found., Inc., 236 So. 2d 154 (Fla. 1st DCA 1970)
    …reference to these points will therefore be pretermitted. For the foregoing reasons the judgment appealed herein is affirmed. CARROLL, DONALD K., Acting C. J., and RAWLS, J., concur. . F.S. § 76.09, F.S.A. . Papadakos v. Spooner (Fla.App.1966), 186 So. 2d 786. . 12 A.L.R.2d 789, 790, § 2. . Marten v. Credit Adjustment Service, Inc., Okl., 349 P. 2d 742; District of Columbia v. World Fire & Marine Ins. Co., D.C.Mun.App., 68 A. 2d 222; Olson v. Wilson & Co., 244 Iowa 895, 58 N.W. 2d 381; Wetten v. Horix,…
  • BNP Paribas v. Wynne, 944 So. 2d 1004 (Fla. 4th DCA 2005)
    …complaint and the proof at the evidentiary hearing below demonstrate the plaintiffs/appellants (“Paribas”) are seeking recovery for unliquidated damages.1 As [*1005] such, their claims cannot support a prejudgment garnishment. Papadakos v. Spooner, 186 So. 2d 786 (Fla. 3d DCA 1966); Marshall-Shaw v. Ford, 755 So. 2d 162, 165 (Fla. 4th DCA 2000). Garnishment is limited to recovery of a “debt” or on a judgment. Sec. 77.01, Fla. Stat. We write to discuss Paribas’ contention the trial court did not have authori…

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