Florida Statute 77.13 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 77
GARNISHMENT

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F.S. 77.13

77.13 Execution on garnishee’s refusal to surrender property.—If garnishee will not surrender the personal property belonging to defendant, provided he or she has the power to do so, and which garnishee has admitted is in his or her possession, the court may order execution issued against garnishee for the unpaid amount of plaintiff’s judgment against defendant. The officer shall sell garnishee’s property as under other executions. Garnishee may release his or her property from the levy and sale by surrendering the property of defendant to the officer levying the execution at the time appointed for the sale of garnishee’s property so levied on, or at any time before the day of the sale and by paying the costs of the proceedings to sell up to the time of the surrender.

History.—s. 5, ch. 43, 1845; RS 1675; GS 2139; RGS 3441; CGL 5294; s. 27, ch. 67-254; s. 393, ch. 95-147.

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Amendments to 77.13

Annotations, Discussions, Cases:

Cases Citing Statute 77.13

Total Results: 2

Continental National Bank v. Tavormina (In re Masvidal)

10 F.3d 761, 1993 U.S. App. LEXIS 33977

Court of Appeals for the Eleventh Circuit | Filed: Dec 30, 1993 | Docket: 64015627

Published

on any of the garnishee’s property. Fla. Stat. § 77.13. The existence of these two remedies, the ability

Greater Orlando Aviation Authority v. Federal Aviation Administration

939 F.2d 954

Court of Appeals for the Eleventh Circuit | Filed: Aug 23, 1991 | Docket: 66265451

Published

military service on the date the notice required by § 77.13(a) is filed.” . § 77.37 allows for discretionary