Narrative Opinion Summary
Harborside Suites, LLC appeals a non-final order from the Circuit Court for Miami-Dade County that dissolved writs of garnishment after a non-evidentiary hearing regarding claims by appellee Michael Rosen and third parties asserting that the garnished funds do not belong to Rosen. The Third District Court of Appeal, in its opinion filed on November 21, 2018, reverses the trial court's order and remands the case for trial. The court cites the precedent set in Merriman Investments, LLC v. Ujowundu, emphasizing that, once a writ is issued, the trial court can consider requests for dissolution under specific circumstances. These circumstances allow the debtor to challenge the creditor's allegations or a third party to claim the property through an affidavit. Both methods necessitate a trial to resolve the issues. The appellate court's decision indicates that the trial court failed to properly conduct a trial on the matter before dissolving the writs.
Legal Issues Addressed
Dissolution of Writs of Garnishmentsubscribe to see similar legal issues
Application: The court clarified that a writ of garnishment can only be dissolved under specific circumstances that require judicial examination, as outlined in precedents like Merriman Investments, LLC v. Ujowundu.
Reasoning: The court cites the precedent set in Merriman Investments, LLC v. Ujowundu, emphasizing that, once a writ is issued, the trial court can consider requests for dissolution under specific circumstances.
Garnishment Proceedings and Trial Requirementsubscribe to see similar legal issues
Application: The appellate court determined that the trial court must conduct a trial to resolve disputes over garnished funds, particularly when third parties claim ownership or the debtor challenges the allegations.
Reasoning: Both methods necessitate a trial to resolve the issues.
Role of Non-Evidentiary Hearings in Garnishment Casessubscribe to see similar legal issues
Application: The appellate court found that the trial court improperly relied on a non-evidentiary hearing to dissolve the writs, which necessitated a reversal and remand for a proper trial.
Reasoning: Harborside Suites, LLC appeals a non-final order from the Circuit Court for Miami-Dade County that dissolved writs of garnishment after a non-evidentiary hearing.