Florida Statutes
Fla. Stat. § 77.08 (2025)
Writ; jury trial.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
Find cases:
SyfertCases citing this section
FL-LEGleg.state.fl.us
JustiaFla. Statutes
CornellLII Search
CasesGoogle Scholar
77.08 Writ; jury trial.—On demand of either party a jury summoned from the body of the county shall be impaneled to try the issues.
Notes of Decisions
Cited in 14
cases (4 in the last 5 years), 1972–2024 · leading case: SEC. Bank v. Bellsouth Adv. & Pub. Corp., 679 So. 2d 795 (Fla. 3d DCA 1996).
SEC. Bank v. Bellsouth Adv. & Pub. Corp., 679 So. 2d 795 (Fla. 3d DCA 1996). “[6] The first sentence of subsection 77.081(2) states, " On the entry of judgment for plaintiff, a final judgment shall be entered against the garnishee.”
Zelaya/Capital Int'l Judgment, LLC v. John Zelaya, 769 F.3d 1296 (11th Cir. 2014). “Specifically, the Florida statute cited by ZC (Fla.Stat. § 77.08) does provide for jury trials in garnishment actions, see id.”
Keith Stansell v. Samark Jose Lopez Bello, 120 F.4th 754 (11th Cir. 2024). “López and the companies were entitled to a jury trial under Fla. Stat. § 77.08 on whether they USCA11 Case: 22-13798 Document: 47-1 Date Filed: 10/30/2024 Page: 4 of 27 4 Opinion of the Court 22-13798 were agents or instrumentalities of the FARC so as to allow gar- nishment of…”
GLOBE LIFE & ACC. INS. CO. v. Preferred Risk Mut. Ins. Co., 539 So. 2d 1192 (Fla. 1st DCA 1989). “The record at bar discloses that petitioners' request for jury trial *1194 was denied by the trial court, despite the fact that Section 77.08, Florida Statutes (1987), permits a jury trial on the demand of either party.”
Windsor-Thomas Grp., Inc. v. Parker, 782 So. 2d 478 (Fla. 2d DCA 2001). “" These provisions, however, do not prohibit the garnishee from raising defenses to the writ, including the protection from garnishment provided in section 222.”
Robert C. Malt & Co. v. Colvin, 419 So. 2d 745 (Fla. 4th DCA 1982). “061) and demanding a jury trial on the issues made (Section 77.08). That is what appellant did.”
Cadle Co. v. G & G Assocs., 741 So. 2d 1257 (Fla. 4th DCA 1999). “Section 77.08, Florida Statutes (1997), supports this interpretation, since it authorizes a jury to be “impaneled to try the issues” if a party demands one.”
Marron v. Maduro Moros (S.D. Fla. 2023). “”) (citing § 77.08, Fla. Stat., which provides a right to jury trial in garnishment proceedings).”
Keith Stansell v. UBS Fin. Servs., Inc. (11th Cir. 2022). “” Fla. Stat. § 77.08 . This statute pro- vides a “right to jury trial in a garnishment proceeding,” though a “motion for summary judgment .”
Michael Grecco Prods., Inc. v. Soffersapp, LLC (S.D. Fla. 2021). “As one Florida appellate court observed: “A judgment creditor who is not satisfied with the garnishee’s answer may serve a reply denying the allegations of the answer (Section 77.”
Awbrey v. Newell, 260 So. 2d 281 (Fla. 4th DCA 1972). “, and particularly Section 77.08 thereof. For the foregoing reasons a writ of prohibition shall issue from this court prohibiting enforcement by the respondent of the aforesaid final judgment in garnishment.”
Palm Coast Recovery Corp. v. Carter, 638 So. 2d 1003 (Fla. 4th DCA 1994). “See also section 77.08, Florida Statutes (1991). The failure to appeal the earlier order affected relief only at that stage of the proceedings.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.