Narrative Opinion Summary
The petition for writ of certiorari is granted, providing relief from a circuit court order rendered in an appellate capacity. The Town of Davie Police Pension Fund is deemed immune from garnishment for the debts of its participants, as established by Section 185.25 of the Florida Statutes (1989) and Section 13 of Town of Davie City Ordinance 76-13. This immunity is supported by precedents including *Board of Trustees of City Pension Fund for Firefighters and Police Officers in the City of Tampa v. Alvarez* and *G. J Investment Corp. v. Florida Dept. of Health and Rehabilitative Services*. The prior circuit court order affirming the county court’s decision is quashed, and the case is remanded to the county court for further proceedings in line with this ruling. Judges DELL, WARNER, and POLEN concur.
Legal Issues Addressed
Immunity from Garnishment under Florida Lawsubscribe to see similar legal issues
Application: The Town of Davie Police Pension Fund is protected from garnishment for participants' debts, as per Florida Statutes and local ordinance.
Reasoning: The Town of Davie Police Pension Fund is deemed immune from garnishment for the debts of its participants, as established by Section 185.25 of the Florida Statutes (1989) and Section 13 of Town of Davie City Ordinance 76-13.
Precedential Support for Pension Garnishment Immunitysubscribe to see similar legal issues
Application: The court's decision to recognize immunity is based on established precedents involving similar funds and legal principles.
Reasoning: This immunity is supported by precedents including Board of Trustees of City Pension Fund for Firefighters and Police Officers in the City of Tampa v. Alvarez and G. J Investment Corp. v. Florida Dept. of Health and Rehabilitative Services.
Remand for Further Proceedingssubscribe to see similar legal issues
Application: The case is sent back to the county court for additional proceedings consistent with the higher court's ruling.
Reasoning: The prior circuit court order affirming the county court’s decision is quashed, and the case is remanded to the county court for further proceedings in line with this ruling.
Writ of Certiorari and Appellate Reliefsubscribe to see similar legal issues
Application: The writ of certiorari is granted to provide relief from a circuit court order that was acting in an appellate capacity, resulting in a quashing of the previous decision.
Reasoning: The petition for writ of certiorari is granted, providing relief from a circuit court order rendered in an appellate capacity.