VICTOR EUGENE CLEMONS, APPELLANT,
v.
SUE ELLEN CLEMONS MORRIS AND SOUTHERN BELL TELEPHONE AND TELEGRAPH COMPANY, APPELLEES
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Florida statute Section 61.12 applies to judgments for alimony, suit money, and child support, not merely orders, allowing enforcement of foreign judgments through garnishment.
Section 61.12, Florida Statutes (1975), applies to judgments for alimony, suit money, and child support as well as orders for the same.
[1] Section 61.12, Florida Statutes, applies to judgments for alimony, suit money, and child support as well as to orders for the same, permitting enforcement of foreign judg…
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Join FLexlaw to unlock all legal intelligenceThe mother obtained a foreign judgment against the father for child support and sued in Florida to domesticate the judgment and garnish his salary.…
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DAUKSCH, Judge.
The question on appeal is whether Section 61.12, Florida Statutes (1975), applies to judgments for alimony, suit money and child support as well as orders for the same. Hall v. Air Force Finance Center, etc., 344 So. 2d 1340, 1343 (Fla.1st DCA 1977), an swers the question. Sub judice, the mother obtained a foreign judgment against the father for child support and sued in Florida to make the foreign judgment a Florida judgment and then to garnish his salary. The husband defended by saying Section 61.12, Florida Statutes (1975), only applied to orders and not to judgments. We like the First District Court of Appeal in Hall, supra, hold that Section 61.12, Florida Statutes (1975), applies to judgments for alimony, suit money and child support, as well as orders for the same.
Appellant cites Noyes v. Cooper, 216 So. 2d 799 (Fla.3d DCA 1968), as authority but we have considered De Castro v. De Castro, 334 So. 2d 834 (Fla.3rd DCA 1976), as limiting that holding because the court somehow determined Noyes v. Cooper, supra, had to do with sums due under a property settlement.
The Order denying Defendant’s Motion for disallowance and/or dissolution of garnishment and the Final Judgment in garnishment, both entered below, are AFFIRMED.
ALDERMAN, C. J., and LETTS, J., concur.
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Citator
Cited By
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Sokolsky v. Kuhn, 405 So. 2d 975 (Fla. 1981)…and to file a controverting affidavit to the other ex-spouse’s affidavit claiming head of the family status. See Waddell v. Schwarz, 405 So .2d 978 (Fla.1981). To the extent that Busot v. Busot, 354 So. 2d 1255 (Fla.2d DCA 1978); Clemons v. Morris, 350 So. 2d 519 (Fla. 4th DCA 1977); Hall v. Air Force Finance Center, Department of the Air Force of the United States, 344 So. 2d 1340 (Fla. 1st DCA 1977); and DeCastro v. DeCastro, 334 So. 2d 834 (Fla.3d DCA 1976), are inconsistent with this decision, they are d…
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Elton H. Schwarz v. Honorable Tom Waddell, Jr., 389 So. 2d 210 (Fla. 4th DCA 1980)…supra at 541. The decision of the Supreme Court is binding upon this court, notwithstanding that the final judgment of dissolution entered in 1973, providing for child support, is otherwise subject to enforcement by garnishment. Clemons v. Morris, 350 So. 2d 519 (Fla. 4th DCA 1977). Further, the fact that the Supreme Court’s decision involved attorneys’ fees, not child support, we believe not to be distinguishable. Attorneys’ fees and child support are treated equally under Section 61.12 in that the statute…
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Busot v. Florencio Otto Busot, 354 So. 2d 1255 (Fla. 2d DCA 1978)…nter, 344 So. 2d 1340 (Fla. 1st DCA 1977), and hold that a final judgment for accrued child support and alimony due under a court order for the same is collectible by a writ of garnishment issued pursuant to Section 61.12. Accord, Clemons v. Morris, 350 So. 2d 519 (Fla. 4th DCA 1977). The order dissolving the writ of garnishment on the judgment of July 17, 1975, is affirmed. The order denying appellant’s motion for writ of garnishment to collect the March 7, 1977, judgment is reversed. BOARDMAN, C. J., and…
Authorities Cited
- Tamora G. Noyes v. Cooper, 216 So. 2d 799 (Fla. 3d DCA 1968)
- Hall v. AIR Force Fin. Ctr., 344 So. 2d 1340 (Fla. 1st DCA 1977)
- Anicia MacHado and Manuel Machado v. Salvador O'Neill, M.D., 334 So. 2d 834 (Fla. 3d DCA 1976)