Narrative Opinion Summary
Harborside Suites, LLC appeals the trial court's decision to dissolve writs of garnishment following a non-evidentiary hearing regarding claims from debtor Michael Rosen and third parties asserting that the garnished funds do not belong to the debtor. The appellate court reverses the trial court's order and remands the case for trial, referencing the precedent set in Merriman Investments, LLC v. Ujowundu. The court notes that the trial court may consider dissolving a writ under specific conditions, either through a debtor's motion contesting the creditor's allegations (Fla. Stat. § 77.07) or via an affidavit from a third party claiming ownership of the garnished property (Fla. Stat. § 77.16). Both methods necessitate a trial to resolve the issues. The appellate court thus orders further proceedings.
Legal Issues Addressed
Debtor's Motion to Dissolve Writs of Garnishmentsubscribe to see similar legal issues
Application: The trial court's potential consideration of a debtor's motion to contest the creditor's allegations is acknowledged, which could lead to the dissolution of the writ if proven.
Reasoning: The court notes that the trial court may consider dissolving a writ under specific conditions, either through a debtor's motion contesting the creditor's allegations (Fla. Stat. § 77.07).
Dissolution of Writs of Garnishmentsubscribe to see similar legal issues
Application: The appellate court addresses the conditions under which a trial court may dissolve writs of garnishment, specifically requiring a trial to resolve disputes regarding the ownership of garnished funds.
Reasoning: The appellate court reverses the trial court's order and remands the case for trial, referencing the precedent set in Merriman Investments, LLC v. Ujowundu.
Third-Party Claim to Garnished Propertysubscribe to see similar legal issues
Application: The court outlines the procedure for a third party to claim ownership of garnished property, requiring an affidavit and potentially leading to a trial if the claim is contested.
Reasoning: The court notes that the trial court may consider dissolving a writ under specific conditions, ... via an affidavit from a third party claiming ownership of the garnished property (Fla. Stat. § 77.16).