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Huckabee v. PIC Investigations Corp.

262 So. 2d 474 (Fla. Dist. Ct. App. 1972)
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Huckabee v. PIC Investigations Corp.

5 Citing cases

  1. Bernal v. All American Investment Realty, Inc.

    CASE NO. 05-60956-CIV-SEITZ/O'SULLIVAN (S.D. Fla. Feb. 13, 2009)   Cited 2 times
    Noting that movant had burden of showing by preponderance of evidence that all or part of the money contained in account was not subject to garnishment because it did not belong to him

    Under Florida law, "before a final judgment authorizing the judgment creditor to reach the funds held by the garnishee is entered, the interests [of the joint depositor] in the funds should be conclusively determined and the applicable law applied thereto." Antuna v. Dawson, 459 So. 2d 1114, 1117 (citingHuckabee v. PIC Investigations Corp., 262 So. 2d 474 (Fla. 3d DCA 1972) (per curiam)). Sajid and Sadiq Hussain are Mr. Hussain's brothers. Sajid and Sadiq Hussain have not asserted their property rights in this Court.

  2. Beardsley v. Admiral Ins. Co.

    647 So. 2d 327 (Fla. Dist. Ct. App. 1994)   Cited 6 times
    Reversing final judgment for compliance with statutory notice requirements after plaintiff failed to provide notice under § 77.055 to nondebtor with an ownership interest in the bank account to be garnished

    (Emphasis added). Upon receipt of the garnishee's answer, the creditor should have sent the required notice to Sue Beardsley. Id.; see also Huckabee v. PIC Investigations Corp., 262 So.2d 474 (Fla. 3d DCA 1972). The final judgment is reversed and the cause remanded for compliance with the statutory notice requirement and for trial.

  3. Florida Public Service Commission v. Pruitt, Humphress, Powers & Munroe Advertising Agency, Inc.

    587 So. 2d 561 (Fla. Dist. Ct. App. 1991)   Cited 9 times
    Reversing judgment of garnishment where answer to writ of garnishment raised issue of fact concerning ownership of funds in garnished bank account

    Cosentino v. Elson, 263 So.2d 253, 254 (Fla. 3d DCA 1972). It therefore follows that the garnishment must be reversed because the bank's answer reveals issues of fact regarding the ownership and control of the escrow account and the answer does not establish as a matter of law that the funds were due to the utility. See Huckabee v. Pic Investigations Corp., 262 So.2d 474 (Fla.3d DCA 1972). The advertising agency is subrogated to the utility's rights against the garnishee bank and may only recover from the garnishee that which the utility could recover from the garnishee.

  4. Antuna v. Dawson

    459 So. 2d 1114 (Fla. Dist. Ct. App. 1985)   Cited 16 times
    Holding that trial court abused discretion in denying motion for relief from garnishment judgment

    It is a well-established principle that "before a final judgment authorizing the judgment creditor to reach the funds held by the garnishee is entered, the interests [of the joint depositor] in the funds should be conclusively determined and the applicable law applied thereto." Huckabee v. PIC Investigations Corp., 262 So.2d 474 (Fla. 3d DCA 1972). Chapter 77, Florida Statutes (1983), provides the mechanism for raising the issue of whether one other than the judgment debtor has an interest in the account which the creditor seeks to subject to garnishment.

  5. HUCKABEE v. PIC INVESTIGATIONS CORP

    296 So. 2d 592 (Fla. Dist. Ct. App. 1974)   Cited 1 times
    Upholding dismissal of wrongful garnishment action in part because prior proceeding was not terminated in favor of the present plaintiff

    A judgment was entered against the garnishee, from which Jim Huckabee appealed. This court reversed, and remanded the cause for further proceedings to determine the nature of the interest of Mrs. Huckabee in the funds held by the garnishee (Fla.App., 262 So.2d 474). Thereafter, presumably upon the garnishor having learned that Mrs. Huckabee held a joint interest in said funds held by the real estate agent, so as to render them unavailable for execution, he withdrew or dismissed the garnishment proceeding. Later Beverly M. Huckabee, who had not been a party to the original action or to the garnishment proceeding, filed this action against Pic, in tort for wrongful and malicious use of garnishment.