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Florida Statute 77.16 | Lawyer Caselaw & Research
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F.S. 77.16 Case Law from Google Scholar Google Search for Amendments to 77.16

The 2024 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE
Chapter 77
GARNISHMENT
View Entire Chapter
F.S. 77.16
77.16 Claims by third persons to garnisheed property.—
(1) If any person other than defendant claims that the debt due by a garnishee is due to that person and not to defendant, or that the property in the hands or possession of any garnishee is that person’s property and shall make an affidavit to the effect, the court shall impanel a jury to determine the right of property between the claimant and plaintiff unless a jury is waived.
(2) If the verdict is against the claimant, plaintiff shall recover costs. If the verdict is in favor of the claimant, the claimant shall recover costs against plaintiff.
(3) If the claim is interposed after a levy on property, the officer making the levy shall return the execution with the officer’s levy thereon and the affidavit of the claimant to the court from which execution issued, and the proceedings shall be as in other cases of claims made to property taken on execution.
History.—s. 8, ch. 43, 1845; RS 1679; GS 2143; RGS 3445; CGL 5298; s. 27, ch. 67-254; s. 395, ch. 95-147.

F.S. 77.16 on Google Scholar

F.S. 77.16 on Casetext

Amendments to 77.16


Arrestable Offenses / Crimes under Fla. Stat. 77.16
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 77.16.

Annotations, Discussions, Cases:

Cases Citing Statute 77.16

Total Results: 20

PHYSICIANS CARE CENTERS OF FLORIDA, LLC v. PNC NATIONAL ASSOCIATION

Court: District Court of Appeal of Florida | Date Filed: 2022-08-17

Snippet: Physicians Care filed an affidavit under section 77.16, Florida Statutes, claiming ownership of the funds

DIANE BENDER v. JACK SHATZ

Court: District Court of Appeal of Florida | Date Filed: 2020-07-15

Snippet: Bender’s husband in a certain amount. Section 77.16 expressly applies to “[c]laims by third persons

Harborside Suites, LLC v. Rosen

Court: District Court of Appeal of Florida | Date Filed: 2018-11-21

Citation: 261 So. 3d 664

Snippet: See § 77.16, Fla. Stat. (2001). Either method requires a trial of the issues. §§ 77.07, 77.16. Reversed

Harborside Suites, LLC v. Rosen

Court: District Court of Appeal of Florida | Date Filed: 2018-11-21

Citation: 261 So. 3d 664

Snippet: See § 77.16, Fla. Stat. (2001). Either method requires a trial of the issues. §§ 77.07, 77.16. Reversed

Harborside Suites v. Rosen

Court: District Court of Appeal of Florida | Date Filed: 2018-11-21

Snippet: third party and not the debtor. See § 77.16, Fla. Stat. (2001). Either method requires a trial

Villamorey, S.A. v. Bdt Investments, Inc.

Court: District Court of Appeal of Florida | Date Filed: 2018-04-18

Citation: 245 So. 3d 909

Snippet: Villamorey account at Bank pursuant to section 77.16(1) of the Florida Statutes (2017),9 it is merely

Salcedo v. Wells Fargo Bank, N.A.

Court: District Court of Appeal of Florida | Date Filed: 2017-06-21

Citation: 223 So. 3d 1099, 2017 WL 2664683, 2017 Fla. App. LEXIS 8954

Snippet: property held by Wells Fargo as garnishee, section 77.16 would have required them to provide an affidavit

Goldstein v. State

Court: District Court of Appeal of Florida | Date Filed: 2015-01-07

Citation: 154 So. 3d 469, 2015 Fla. App. LEXIS 98, 2015 WL 72236

Snippet: See In re Inquiry Concerning a Judge, J.Q.C. No. 77-16, 357 So.2d 172, 178 (Fla.1978) (“Every judicial

Branch Banking & Trust Co. v. ARK Development/Oceanview, LLC

Court: District Court of Appeal of Florida | Date Filed: 2014-10-08

Citation: 150 So. 3d 817, 2014 Fla. App. LEXIS 15633, 2014 WL 4988471

Snippet: beneficiary of the account. Pursuant to section 77.16, Florida Statutes (2013), Amy filed an affidavit

Merriman Investments, LLC v. Ujowundu

Court: District Court of Appeal of Florida | Date Filed: 2013-10-30

Citation: 123 So. 3d 1191, 2013 WL 5813970, 2013 Fla. App. LEXIS 17216

Snippet: See § 77.16, Fla. Stat. (2001). Either method requires a trial of the issues. §§ 77.07, 77.16. In this

Carbon Capital II v. Estate of Tutt

Court: District Court of Appeal of Florida | Date Filed: 2013-02-27

Citation: 107 So. 3d 1239, 2013 WL 692820, 2013 Fla. App. LEXIS 3054

Snippet: deposition, and filing an affidavit, pursuant to section 77.16(1), Florida Statutes (2009), claiming an interest

Green v. Department of Revenue Ex Rel. Williams

Court: District Court of Appeal of Florida | Date Filed: 2011-04-01

Citation: 78 So. 3d 555, 2011 Fla. App. LEXIS 4664, 2011 WL 1195879

Snippet: Sr. also relied on cases arising under Chapter 77.16, Florida Statutes, which provides a procedure for

Charlotte Development Partners, LLC v. Tricom Pictures & Productions, Inc.

Court: District Court of Appeal of Florida | Date Filed: 2009-12-02

Citation: 33 So. 3d 690, 71 U.C.C. Rep. Serv. 2d (West) 182, 2009 Fla. App. LEXIS 18426, 2009 WL 4282939

Snippet: Statute 77.16," which governs "[c]laims by third persons to garnished property." See § 77.16, Fla. Stat

Inquiry Concerning a Judge, No. 08-373 re Bell

Court: Supreme Court of Florida | Date Filed: 2009-11-05

Citation: 23 So. 3d 81, 34 Fla. L. Weekly Supp. 602, 2009 Fla. LEXIS 1865

Snippet: In In re Inquiry Concerning a Judge, J.Q.C. No. 77-16, 357 So.2d 172 (Fla.1978), this Court noted the

KIA MOTORS AMERICA CORPORATION v. Butler

Court: District Court of Appeal of Florida | Date Filed: 2008-06-11

Citation: 985 So. 2d 1133

Snippet: --------------------------- 2000 (77%) (16%) ( 4%) (1%) (1%) ---

Sosa v. Leggett & Platt, Inc.

Court: District Court of Appeal of Florida | Date Filed: 2007-11-28

Citation: 969 So. 2d 540, 2007 Fla. App. LEXIS 18737, 2007 WL 4179717

Snippet: was attempting to assert a claim under section 77.16, Florida Statutes. “It is too well settled to require

Ago

Court: Florida Attorney General Reports | Date Filed: 2003-01-06

Snippet: Stat. 3 See, Ops. Att'y Gen. Fla. 77-15 (1977) and 77-16 (1977). Compare, Op. Att'y Gen. Fla. 74-220 (1974)

RPS, Inc. v. Travel Max International, Inc.

Court: District Court of Appeal of Florida | Date Filed: 2002-08-07

Citation: 823 So. 2d 243, 2002 Fla. App. LEXIS 11281, 2002 WL 1798575

Snippet: ownership of the property sought to be garnished. See § 77.16(1), Fla. Stat. (2001) (“If any person other than

Gigliotti Contracting North, Inc. v. TRAFFIC CONTROL PRO. OF NORTH FLORIDA, INC.

Court: District Court of Appeal of Florida | Date Filed: 2001-03-07

Citation: 788 So. 2d 1013

Snippet: no greater rights to the money than SCI. Section 77.16, Florida Statutes (1997), provides that a claimant