Florida/Georgia Personal Injury & Workers Compensation

...the debtor is "fraudulently disposing of his property" to avoid payment of a debt. § 76.04(10), Fla. Stat. (1985); see § 77.031, Fla. Stat. (1985) (garnishment). Consistent with the statutory prerequisites for the maintenance of a creditors' bill, § 68.05, Fla....

...[2] For the foregoing reasons, we quash the writs of garnishment and the writ of attachment insofar as it relates to Cerna's books and records. The order denying the motion to dissolve the writ of attachment is otherwise affirmed. Affirmed in part, reversed in part. NOTES [1] This provision states: 68.05....

...appellant personally liable for the debt of World Wide. Because of our ruling on this issue, we need not address the other issues raised by the appellant but note that any future proceeding on a creditor's bill should comply with the requirements of section 68.05, Florida Statutes (1991)....

PER CURIAM. After the respondent had instituted a common law action for damages, he instituted a creditor’s bill pursuant to Section 68.05 of the Florida Statutes (1983)....

...Thus the trial court did not err in granting summary judgment in favor of Wilshire, Franks, and Harris. In our view, Trustee does not satisfy the statutory requirements to initiate a creditor’s bill because Trustee did not first commence a separate action at law for the collection of a claim of indebtedness as required by section 68.05, Florida Statutes, which provides: Creditors’ bills may be filed in chancery before the claims of indebtedness of the persons filing them have been reduced to judgment, but no such action shall be entertained unless plaintiff has first commenced a separate action at law for the collection of the claims....

...lshire and other corporations, and have the corporations declared one and the same and mere instrumentalities of each other, and of Franks and Harris. Trustee maintains that another pending lawsuit satisfies the separate action at law requirement of section 68.05, Florida Statutes....

...In the context of these cases, the Association’s claim for damages in tort is not a claim of indebtedness. Thus, we conclude that there is no underlying separate action at law which is based on a claim of indebtedness. Since the separate action at law that Trustee relies upon to satisfy the statutory requirement of section 68.05 is not based on a claim of indebtedness, the trial court correctly ruled that there is no basis for the Trustee to assert a claim in the nature of a creditor’s bill....

...After a nonjury trial on the issue of damages, the trial court entered judgment against Mills in the amount of $800,000. Lawhon attempted to levy on property owned by Mills in order to satisfy the judgment, but she met with no success. Thereafter, she filed a creditor’s bill under Section 68.05, Florida Statutes (1981), against the estate of Mills’ father, who had recently died, in an attempt to secure any interest which Mills might have in the estate....

...That issue was not raised below and therefore may not be raised now. Finally, Mills contends that the final summary judgment on the creditor’s bill was erroneous because the claim upon which it was based, the $800,000 final judgment, had not been “reduced to judgment at law” as required by Section 68.05, Florida Statutes (1981)....

...Rule 1.540(b), Florida Rules of Civil Procedure, specifically provides that a motion under the subsection “does not affect the finality of a judgment or decree or suspend its operation.” Therefore, the claim upon which Lawhon’s creditor’s bill was based was “reduced to judgment at law” for purposes of Section 68.05 on the day final judgment was entered for $800,000....