Court: District Court of Appeal of Florida; August 24, 1993; Florida; State Appellate Court
Jon M. Reichenbach appealed a judgment favoring Chemical Bank of New Jersey and against the Miami Dolphins, Ltd., as garnishee. The case originated from a foreign judgment of $921,299.65 against Reichenbach, a professional football player, which was domesticated in Florida. Chemical Bank sought a continuing writ of garnishment for funds owed to Reichenbach by the Miami Dolphins, leading to a trial court issuing the writ on December 17, 1991.
Reichenbach subsequently filed a motion to dissolve the writ, asserting that the garnished funds were his wages, exempt under Florida Statutes sections 222.11 and 222.12. He provided affidavits confirming his residency in Florida and status as head of household. The Dolphins reported holding $30,209.22 of Reichenbach's salary. On January 23, 1992, Reichenbach moved to enjoin the garnishment proceedings, claiming Chemical Bank did not contest his exemption. The trial court dissolved the writ and halted further proceedings on April 14, 1992.
However, on April 17, the court granted Chemical Bank’s motion for rehearing, claiming Reichenbach no longer resided in Florida, and issued a second writ of garnishment for the same funds. Reichenbach, without filing additional affidavits, moved again to dissolve the second writ based on the earlier ruling. The court denied this motion and awarded the funds to Chemical Bank.
Reichenbach argued that the garnished funds were exempt wages. The appellate court agreed, emphasizing that Florida law protects the wages of a head of household. Chemical Bank failed to refute Reichenbach's affidavits, and the trial court incorrectly issued a second writ for funds previously deemed exempt. The court noted that Reichenbach's residency at the time the wages were earned was the critical factor, not his current status.
The appellate court reversed the trial court's final judgment, instructing it to dissolve the second writ of garnishment and release the funds to Reichenbach.
