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Harborside Suites, LLC v. Rosen
Citation: 261 So. 3d 664Docket: No. 3D18-293
Court: District Court of Appeal of Florida; November 20, 2018; Florida; State Appellate Court
Harborside Suites, LLC appeals a trial court order that dissolved writs of garnishment after a non-evidentiary hearing regarding claims made by debtor Michael Rosen and third parties asserting that the garnished funds are not Rosen's. The appellate court reverses the trial court's decision and remands the case for trial, referencing the authority of Merriman Investments, LLC v. Ujowundu. The court clarifies that the trial court may consider a request to dissolve a writ under specific circumstances, which may be initiated either by the debtor challenging the creditor's allegations or by a third party claiming ownership of the garnished property. Both methods necessitate a trial to resolve the issues. The appellate court mandates further proceedings in alignment with this interpretation of Florida Statutes 77.07 and 77.16.