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Kalb v. Toledo Restaurant Equipment Co.

Citations: 734 So. 2d 1155; 1999 Fla. App. LEXIS 7270; 1999 WL 346212Docket: No. 98-3094

Court: District Court of Appeal of Florida; June 2, 1999; Florida; State Appellate Court

Narrative Opinion Summary

The court affirms the November 2, 1998 order that granted the garnishee's motion to vacate the final garnishment judgment, referencing relevant statutes and case law. The court cites multiple precedents, including BellSouth Adver. Pub. Corp. v. Security Bank, N.A., and others, to support its decision. Additionally, it modifies the order by correcting paragraph two to replace "Garnishee Toledo" with "Defendant Jorge Monje" wherever it appears in that paragraph. The ruling is affirmed with this modification.

Legal Issues Addressed

Judicial Modification of Court Orders

Application: The court modifies the original order to correct an error in the identification of parties involved in the judgment.

Reasoning: Additionally, it modifies the order by correcting paragraph two to replace 'Garnishee Toledo' with 'Defendant Jorge Monje' wherever it appears in that paragraph.

Motion to Vacate Final Garnishment Judgment

Application: The court affirms the decision to vacate the garnishment judgment, citing relevant statutes and precedents.

Reasoning: The court affirms the November 2, 1998 order that granted the garnishee's motion to vacate the final garnishment judgment, referencing relevant statutes and case law.

Use of Precedents in Judicial Decisions

Application: The decision is supported by referencing multiple precedents, ensuring consistency with established case law.

Reasoning: The court cites multiple precedents, including BellSouth Adver. Pub. Corp. v. Security Bank, N.A., and others, to support its decision.