JIM HUCKABEE, APPELLANT,
v.
PIC INVESTIGATIONS CORPORATION, A FLORIDA CORPORATION, AND KENNEDY-BEASLEY, INC., APPELLEES
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
Florida appellate court reversed garnishment judgment against escrow holder because the trial court failed to determine Mrs. Huckabee's interest in escrowed funds before allowing judgment creditor to reach them.
A judgment creditor cannot garnish escrowed funds without first conclusively determining the non-party spouse's interest in those funds.
[1] Before a judgment creditor may garnish escrowed funds, the trial court must conclusively determine and apply applicable law regarding any non-party spouse's interest in t…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligenceJim Huckabee was sued by PIC Investigations Corporation and judgment was entered against him. A writ of garnishment was then filed against Kennedy-Bea…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Escrow Funds cases and more on FLexlaw
Appellant, Jim Huckabee, was the defendant in the court below; appellee, PIC Investigations Corporation the plaintiff; and appellee, Kennedy-Beasley, Inc., garnishee after judgment.
Following judgment a writ of garnishment against the garnishee was filed to satisfy the judgment. Garnishee, Kennedy-Beasley, Inc., responded by answer that it was a real estate broker holding in escrow a $3,900 deposit growing out of a sale of real estate belonging to both Mr. and Mrs. Huckabee. Based on this answer, plaintiff moved for judgment against garnishee. Subsequently a hearing was held and trial court entered final judgment against garnishee. Mrs. Beverly Huckabee was not a party in either of the above proceedings. Appellant now seeks review of the final judgment allowing garnishment by the judgment creditor.
The answer filed by garnishee raised a sufficient question of an interest by Mrs. Beverly Huckabee in the escrowed funds and before a final judgment authorizing the judgment creditor to reach the funds held by the garnishee is entered, the interests of Mrs. Huckabee in the funds should be conclusively determined and the applicable law applied thereto. Tortuga Marine Salvage Co. v. Hartford Accident and Indemnity Co., Fla.App.196S, 171 So.2d 54. Therefore, the cause is remanded to the trial court with directions for further proceedings consistent with the view herein-above set forth.
It is so ordered.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Antuna v. Dawson, 459 So. 2d 1114 (Fla. 4th DCA 1984)…thorizing the judgment creditor to reach the funds held by the garnishee is entered, the interests [of the joint depositor] in the funds should be conclusively determined and the applicable law applied thereto.” Huckabee v. PIC Investigations Corp., 262 So. 2d 474 (Fla. 3d DCA 1972). Chapter 77, Florida Statutes (1983), provides the mechanism for raising the issue of whether one other than the judgment debtor has an interest in the account which the creditor seeks to subject to garnishment. This chapter prov…
-
Fla. Pub. Serv. Comm'n v. Pruitt, 587 So. 2d 561 (Fla. 1st DCA 1991)…eversed because the bank’s answer reveals issues of fact regarding the ownership and control of the escrow account and the answer does not establish as a matter of law that the funds were due to the utility. See Huckabee v. Pic Investigations Corp., 262 So. 2d 474 (Fla. 3d DCA 1972). The advertising agency is subro-gated to the utility’s rights against the garnishee bank and may only recover from the garnishee that which the utility could recover from the garnishee. The writ of garnishment only makes the gar…
-
Beardsley v. Admiral Ins. Co., 647 So. 2d 327 (Fla. 3d DCA 1994)…plaintiff shall file in the proceeding a certificate of such service. (Emphasis added). Upon receipt of the garnishee’s answer, the creditor should have sent the required notice to Sue Beardsley. Id.; see also Huckabee v. PIC Investigations Corp., 262 So. 2d 474 (Fla. 3d DCA 1972). The final judgment is reversed and the cause remanded for compliance with the statutory notice requirement and for trial. Reversed and remanded. . The bank's answer does not reveal the form of joint ownership of the accounts.…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Tortuga Marine Salvage Co. v. Hartford Accident & Indem. Co., 171 So. 2d 54 (Fla. 3d DCA 1965)