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

The 2023 Florida Statutes (including Special Session C)

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 from cite.case.law:

HARBORSIDE SUITES, LLC, v. ROSEN,, 261 So. 3d 664 (Fla. App. Ct. 2018)

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

VILLAMOREY, S. A. v. BDT INVESTMENTS, INC., 245 So. 3d 909 (Fla. App. Ct. 2018)

. . . filed an affidavit attesting to its ownership of the Villamorey account at Bank pursuant to section 77.16 . . . Villamorey's assertion that only persons who have filed an affidavit under section 77.16(1) are actual . . . possession of the garnishee, may assert such claim by filing an affidavit under the provisions of section 77.16 . . . Moreover, irrespective of which statutory procedure is invoked- section 77.07(2) or 77.16(1) -the result . . . jury to determine the right of property between the claimant and plaintiff unless a jury is waived. § 77.16 . . .

SALCEDO, v. WELLS FARGO BANK, N. A., 223 So. 3d 1099 (Fla. Dist. Ct. App. 2017)

. . . If the Villasmils claimed an interest in the property held by Wells Fargo as garnishee, section 77.16 . . .

REGIONS BANK, v. S. HYMAN,, 91 F. Supp. 3d 1234 (M.D. Fla. 2015)

. . . Tonya Kearney and Clayton Kear-ney would require a trial as to the disputed claims pursuant to Sec. 77.16 . . . F.S. § 77.16. . . . property in the hands of the garnishee can assert their claim by filing an affidavit pursuant to Ch. 77.16 . . . Ch. 77.16, Fla. Stat. . . . Ch. 77.16, Fla. Stat. provides the determination is made at trial. Merriman Investments, LLC v. . . .

SMART, v. CITY OF MIAMI BEACH, FLORIDA,, 51 F. Supp. 3d 1299 (S.D. Fla. 2014)

. . . . § 77.16 permits him to file an affidavit claiming ownership to the funds in question. . . .

BRANCH BANKING AND TRUST COMPANY, a FDIC v. ARK DEVELOPMENT OCEANVIEW, LLC, a SKD a d b a LLC, a I LLC, a LLC, a a, 150 So. 3d 817 (Fla. Dist. Ct. App. 2014)

. . . Pursuant to section 77.16, Florida Statutes (2013), Amy filed an affidavit alleging the funds in the . . . See § 77.16(1), Fla. Stat. (2013). . . .

MERRIMAN INVESTMENTS, LLC, v. UJOWUNDU,, 123 So. 3d 1191 (Fla. Dist. Ct. App. 2013)

. . . See § 77.16, Fla. Stat. (2001). Either method requires a trial of the issues. §§ 77.07, 77.16. . . . Accordingly, the writ of garnishment could not be dissolved under section 77.16. . . .

CARBON CAPITAL II, v. ESTATE OF TUTT, III,, 107 So. 3d 1239 (Fla. Dist. Ct. App. 2013)

. . . date with Tutt and Carbon Capital for Tutt’s deposition, and filing an affidavit, pursuant to section 77.16 . . .

L. GREEN, Sr. v. DEPARTMENT OF REVENUE L. WILLIAMS,, 78 So. 3d 555 (Fla. Dist. Ct. App. 2011)

. . . Green Sr. also relied on cases arising under Chapter 77.16, Florida Statutes, which provides a procedure . . . DOR posits that Green Sr.’s remedy lies in Section 77.16, Florida Statutes; however, because Green Sr . . . Section 77.16, Florida Statutes, is designed for that purpose. . . . For anyone not identified in bank records as a joint owner, the remedy lies in section 77.16. . . . ownership of funds in an account held by a child support obligor, so long as the requirements of section 77.16 . . .

CHARLOTTE DEVELOPMENT PARTNERS, LLC, v. TRICOM PICTURES PRODUCTIONS, INC. a a, 33 So. 3d 690 (Fla. Dist. Ct. App. 2009)

. . . of the hearing, Charlotte Development said that it was not waiving any of its “rights under Statute 77.16 . . . See § 77.16, Fla. Stat. (2008). . . . the hearing, Charlotte Development’s attorney obliquely mentioned his client’s “rights under section 77.16 . . . , when Charlotte Development perceived that its case was proceeding poorly, it fell back on section 77.16 . . . Section 77.16(1) contemplates that a jury may be waived. . . .

MILLIKEN COMPANY, a v. HAIMA GROUP CORPORATION, No. v., 654 F. Supp. 2d 1374 (S.D. Fla. 2009)

. . . . § 77.16(1) prohibit the garnishment of personal property or monies owed to Dahua by the Garnishees. . . . Stat. §§ 77.07(2), 77.16(1). Specifically, Fla. . . . Stat. § 77.16(1), which provides that if “any person other than defendant claims that the debt due by . . . Stat. § 77.16(1) suggests that a jury trial is required, Dahua and the Garnishees argue that since “Florida . . . Stat. § 77.16 “does not vitiate all other rules applicable to the determination of claims and if the . . .

SOSA, C C v. LEGGETT PLATT, INC., 969 So. 2d 540 (Fla. Dist. Ct. App. 2007)

. . . is clear from the substance of the motion that Sosa was attempting to assert a claim under section 77.16 . . .

RPS, INC. v. TRAVEL MAX INTERNATIONAL, INC. a, 823 So. 2d 243 (Fla. Dist. Ct. App. 2002)

. . . See § 77.16(1), Fla. . . .

GIGLIOTTI CONTRACTING NORTH, INC. v. TRAFFIC CONTROL PRODUCTS OF NORTH FLORIDA, INC. I, L. P. SCI v., 788 So. 2d 1013 (Fla. Dist. Ct. App. 2001)

. . . Section 77.16, Florida Statutes (1997), provides that a claimant to funds that may be garnisheed, such . . . Had its various amended motions to intervene instead been filed in compliance with section 77.16’s affidavit . . . Had the trial court permitted Gigliotti an opportunity to comply with section 77.16, or had Gigliotti . . .

FARM CREDIT OF NORTH FLORIDA, ACA, v. DOUBLE H DAIRY, INC. a, 742 So. 2d 436 (Fla. Dist. Ct. App. 1999)

. . . Evans filed a motion to consolidate on January 8, 1997 pursuant to section 77.16, Florida Statutes, in . . . He requested either consolidation or proceedings under section 77.16 for dispute resolution between judgment . . .

M. SIMONETTI K. v. PORTER,, 731 So. 2d 785 (Fla. Dist. Ct. App. 1999)

. . . trial was conducted pursuant to jury trial provisions in the garnishment statute, section 77.08 or 77.16 . . .

NAVON, KOPELMAN O DONNELL, P. A. v. SYNNEX INFORMATION TECHNOLOGIES, INC., 720 So. 2d 1167 (Fla. Dist. Ct. App. 1998)

. . . possession of the garnishee, may assert such claim by filing an affidavit under the provisions of section 77.16 . . . Petitioner could have made a claim under the procedure of § 77.16 but did not. . . .

NAVON, KOPELMAN O DONNELL, P. A. v. INNOVATION COMPUTERS CAMERAS, INC. a P. A. a P. A., 703 So. 2d 521 (Fla. Dist. Ct. App. 1997)

. . . See § 77.16, Fla. Stat. (1995); Antuna v. Dawson, 459 So.2d 1114 (Fla. 4th DCA 1984). . . .

FUND FOR ANIMALS, INC. v. THOMAS,, 127 F.3d 80 (D.C. Cir. 1997)

. . . . § 77.16(1) (West elec, update 1997). . . . .

H. B. LONDON COMPANY, v. E. WILES,, 695 So. 2d 876 (Fla. Dist. Ct. App. 1997)

. . . court, and presumably in the lower court as well, neither party discussed the ramifications of section 77.16 . . .

In MARTEC CORPORATION, L. GASS, Jr. v. G. FRIEDMAN,, 168 B.R. 427 (S.D. Fla. 1994)

. . . The dispositive provision is § 77.16(1), which provides that: (1) If any person other than defendant . . . Fla.Stat. § 77.16(1) (West 1987) (emphasis added). . . . Gass, Gass’ mother, fully complied with Fla.Stat. § 77.16(1). . . . Once that affidavit was filed, the court was obligated under Fla.Stat. § 77.16(1) to hold a trial on . . .

UNITED STATES v. STATE OF WASHINGTON, 626 F. Supp. 1405 (W.D. Wash. 1985)

. . . The citations issued to the two Quinault fishermen were based on RCW 77.16.-060. Ex. . . .

A. KEARNEY, v. UNIBAY COMPANY, INC., 466 So. 2d 271 (Fla. Dist. Ct. App. 1985)

. . . Wormley did not file an affidavit and claim in the pending garnishment proceedings pursuant to Section 77.16 . . . We note that an attorney, who has now withdrawn, filed an affidavit and claim pursuant to Section 77.16 . . .

P. ANTUNA, v. DAWSON, E. A., 459 So. 2d 1114 (Fla. Dist. Ct. App. 1984)

. . . . § 77.16, Fla.Stat. (1983). . . .

BESCO EQUIPMENT CO. INC. v. GOLDEN LOAF BAKERY, INC., 458 So. 2d 330 (Fla. Dist. Ct. App. 1984)

. . . whether a party who files a claim as an intervenor in a garnishment proceeding pursuant to section 77.16 . . .

In MONROE COUNTY HOUSING CORPORATION, INC. a MONROE COUNTY HOUSING CORPORATION, INC. a v. CAFCO ENGINEERS, INC. CLIMATROL SALES, INC. f k a v. CAFCO ENGINEERS, INC., 29 B.R. 686 (Bankr. S.D. Fla. 1983)

. . . Subsequently, in compliance with Section 77.16(1) of the Florida Statutes, Ohio Casualty filed an affidavit . . .

In J. KASSUBA, HEMMERLE INDUSTRIES, INC. v. WALTER KASSUBA REALTY CORP. Ft., 16 B.R. 699 (Bankr. S.D. Fla. 1982)

. . . The applicable state statute, § 77.16, Florida Statutes, provides that if a third party claims garnished . . .

W. BRITTON, Sr. R. v. UNITED STATES, 532 F. Supp. 275 (D. Vt. 1981)

. . . No. 17, ¶ 77.16 P-H T.C. (1981), however, we agree with plaintiffs that the filing of an amended return . . . See Klemp, ¶ 77.16 P-H T.C. at 112; Dowell, 614 F.2d at 1266. . . .

GINSBERG, v. GOLDSTEIN, f k a, 404 So. 2d 1098 (Fla. Dist. Ct. App. 1981)

. . . Felice, and Felice duly filed a claim to that effect in the garnishment proceeding pursuant to Section 77.16 . . .

LIVE SUPPLY, INC. v. C S PLUMBING, INC. C S, 402 So. 2d 505 (Fla. Dist. Ct. App. 1981)

. . . Appellant contends that Section 77.16(1), Florida Statutes (1979) requires of C & S Plumbing of Florida . . . Second, in light of several cases decided since the enactment of Section 77.16(1) which have held prejudgment . . . Since Section 77.16(1) is not at issue, we express no opinion as to its constitutionality. . . .

FINE, v. E. FINE,, 400 So. 2d 1254 (Fla. Dist. Ct. App. 1981)

. . . will be able to assert her rights to the fund by becoming a party to the garnishment action under § 77.16 . . .

PAXTON, Jr. v. UNION NATIONAL BANK, A BROWN, v. UNION NATIONAL BANK OF LITTLE ROCK, WILLIAMS, v. UNION NATIONAL BANK, A, 519 F. Supp. 136 (E.D. Ark. 1981)

. . . Exp. 1.1 0.5 77.16 (18.07) Months of Accounting Exp. 0.7 0.0 36.23 (24.07) Months of Collector Experience . . .

HORTON v. LAWRENCE COUNTY BOARD OF EDUCATION, 578 F.2d 147 (5th Cir. 1978)

. . . total student enrollment in the Lawrence County School System is 6,875, of which 22.84% are black and 77.16% . . .

BUGHER v. SOUTHLAND FABRICATORS AND ERECTORS, INC., 452 F. Supp. 870 (W.D. La. 1978)

. . . 132.24 68.88 13.78 Payment by Tudor for November, 1975 (462 hrs.) 221.76 115.50 23.10 Net (difference) 77.16 . . .

B H SALES, INC. v. JEWEL BUILDERS, INC. a a, 353 So. 2d 653 (Fla. Dist. Ct. App. 1977)

. . . The ap-pellee, Cotton States Mutual Insurance Company, filed a claim pursuant to Section 77.16 of the . . .

UNITED STATES v. STATE OF WASHINGTON, C., 384 F. Supp. 312 (W.D. Wash. 1974)

. . . -060, RCW 75.12.070, RCW 75.12.160, RCW 77.08.020, RCW 77.12.100, RCW 77.12.130, RCW 77.16.020, RCW 77.16 . . .

PIERCE, WULBERN, MURPHEY CORPORATION, a v. RIVERSIDE BANK OF JACKSONVILLE, a, 203 So. 2d 177 (Fla. Dist. Ct. App. 1967)

. . . possession of the stock was limited to a claim in the garnishment action filed pursuant to Section 77.16 . . .

OPER, v. AIR CONTROL PRODUCTS, INC. OF MIAMI, a, 174 So. 2d 561 (Fla. Dist. Ct. App. 1965)

. . . Pursuant to the authority found in § 77.16, Fla.Stat., F.S.A., the appellant along with others filed . . . Point III was the right of the appellant to have a jury trial pursuant to the provisions of § 77.16, . . . subrogated to Collie’s right against Allstate by the very nature of said garnishment proceeding. . “§ 77.16 . . .

TORTUGA MARINE SALVAGE CO. a v. HARTFORD ACCIDENT AND INDEMNITY COMPANY, a, 171 So. 2d 54 (Fla. Dist. Ct. App. 1965)

. . . . § 77.16, Fla.Stat., F.S.A. . . .

UNITED STATES v. GELLMAN, 44 F. Supp. 360 (D. Minn. 1942)

. . . five cent coin as follows: Description and Contents Genuine 5 cent coin 5 cent slug-A Weight (grains) 77.16 . . .

Co. v., 17 B.T.A. 1222 (B.T.A. 1929)

. . . Another suggestion advanced is that we use the figure of $77.16 per share, this amount being the appraised . . .

THE MICHIGAN STEEL BOX CO. v. THE UNITED STATES, 49 Ct. Cl. 421 (Ct. Cl. 1914)

. . . October 25, 1897_ $577.00 October 25, 1898_1,165. 98 August 23, 1899- 250. 00 October 28, 1899_1_1- 77.16 . . .