Florida Statute 77.28 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 77
GARNISHMENT

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F.S. 77.28

77.28 Garnishment; attorney fees, costs, expenses.—Upon issuance of any writ of garnishment, the party applying for it shall pay $100 to the garnishee on the garnishee’s demand at any time after the service of the writ for the payment or part payment of his or her attorney fee which the garnishee expends or agrees to expend in obtaining representation in response to the writ. On rendering final judgment, the court shall determine the garnishee’s costs and expenses, including a reasonable attorney fee, and in the event of a judgment in favor of the plaintiff, the amount is subject to offset by the garnishee against the defendant whose property or debt owing is being garnished. In addition, the court shall tax the garnishee’s costs and expenses as costs. The plaintiff may recover in this manner the sum advanced by him or her, and, if the amount allowed by the court is greater than the amount paid together with any offset, judgment for the garnishee shall be entered against the party against whom the costs are taxed for the deficiency.

History.—s. 1, ch. 21772, 1943; s. 27, ch. 67-254; s. 2, ch. 81-301; s. 4, ch. 85-272; s. 1, ch. 88-234; s. 401, ch. 95-147; s. 76, ch. 2003-402; s. 3, ch. 2014-211.

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Amendments to 77.28

Annotations, Discussions, Cases:

Cases Citing Statute 77.28

Total Results: 21

Florida Patient's Compensation Fund v. Rowe

472 So. 2d 1145, 53 U.S.L.W. 2573, 10 Fla. L. Weekly 249, 1985 Fla. LEXIS 3238

Supreme Court of Florida | Filed: May 2, 1985 | Docket: 1793751

Cited 872 times | Published

1984) (alimony and child support enforcement); § 77.28, Fla. Stat. (1983) (garnishment); § 718.303, Fla

Beasley v. Wolf

151 So. 2d 679

District Court of Appeal of Florida | Filed: Apr 2, 1963 | Docket: 391807

Cited 23 times | Published

for assessment of attorney's fees as costs under § 77.28, Fla. Stat., F.S.A., and attached an affidavit

Zelaya/Capital International Judgment, LLC v. John Zelaya

769 F.3d 1296, 89 Fed. R. Serv. 3d 1960, 2014 U.S. App. LEXIS 20656

Court of Appeals for the Eleventh Circuit | Filed: Oct 23, 2014 | Docket: 1424790

Cited 21 times | Published

*1300 der Florida law (Fla.Stat. § 77.28) as a garnishee bank. In its motion, Deutsche

Arnold, Matheny, Pa v. First Am. Holdings

982 So. 2d 628, 33 Fla. L. Weekly Supp. 268, 2008 Fla. LEXIS 755, 2008 WL 1901686

Supreme Court of Florida | Filed: May 1, 2008 | Docket: 2518612

Cited 19 times | Published

associated with complying with a garnishment writ. See § 77.28, Fla. Stat. (2002). B. Statutory Construction

Suntrust Bank v. Arrow Energy, Inc., Aviation Fuel International, Inc. and Sean Wagner

199 So. 3d 1026, 2016 Fla. App. LEXIS 10404, 2016 WL 3626526

District Court of Appeal of Florida | Filed: Jul 6, 2016 | Docket: 4108190

Cited 7 times | Published

section 57.115. Id. Moreover, section 77.28, Florida Statutes (2013), provides that the

Akerman Senterfitt & Eidson, P.A. v. Value Seafood, Inc.

121 So. 3d 83, 2013 Fla. App. LEXIS 14154, 2013 WL 4734574

District Court of Appeal of Florida | Filed: Sep 4, 2013 | Docket: 60234513

Cited 6 times | Published

application of section 77.28, Florida Statutes (1989), not section 77.07(5). Section 77.28 relates to attorney’s

Ebsary Foundation Co. v. BARNETT BANK OF SOUTH FLA., NA

569 So. 2d 806, 13 U.C.C. Rep. Serv. 2d (West) 272, 1990 Fla. App. LEXIS 8013, 1990 WL 155063

District Court of Appeal of Florida | Filed: Oct 16, 1990 | Docket: 2550453

Cited 3 times | Published

the bank a reasonable attorney's fee under section 77.28, Florida Statutes (1989) and appropriately restricted

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

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

District Court of Appeal of Florida | Filed: Aug 7, 2002 | Docket: 64816802

Cited 1 times | Published

determination in this garnishment dispute. See § 77.28, Fla. Stat. (2001) (“On rendering final judgment

All American Semi-Conductor, Inc. v. Ellison Graphics Corp.

594 So. 2d 342, 1992 WL 38186

District Court of Appeal of Florida | Filed: Mar 4, 1992 | Docket: 2529097

Cited 1 times | Published

fees award to the $100 deposit provided by section 77.28, Florida Statutes (1989). Ebsary. AFFIRMED IN

Suntrust Bank v. Arrow Energy, Inc., Aviation Fuel International, Inc., and Sean Wagner

District Court of Appeal of Florida | Filed: May 18, 2016 | Docket: 3071408

Published

awarded under section 57.115. Id. Moreover, section 77.28, Florida Statutes (2013), provides that the

Baxter Healthcare Corp. v. Universal Medical Labs, Inc.

760 So. 2d 1126, 2000 Fla. App. LEXIS 8518, 2000 WL 905553

District Court of Appeal of Florida | Filed: Jul 7, 2000 | Docket: 64798168

Published

depositors are free to contract as they wish. Section 77.28, Florida Statutes, does provide that the court

International Game Technology, Inc. v. Windsor-Thomas Group, Inc.

709 So. 2d 627, 1998 Fla. App. LEXIS 3804, 1998 WL 171371

District Court of Appeal of Florida | Filed: Apr 15, 1998 | Docket: 64780244

Published

recover on remand the $100 deposited pursuant to section 77.28, Florida Statutes (1997). See All American Semi-Conductor

Paz v. Hernandez

654 So. 2d 1243, 1995 Fla. App. LEXIS 5045, 1995 WL 294421

District Court of Appeal of Florida | Filed: May 10, 1995 | Docket: 64756360

Published

reasonable attorneys’ fee from the plaintiff. Under section 77.28, the plaintiff must deposit $100 in the court

Ellis v. BARCLAYS BK. PLC-MIAMI AGENCY

594 So. 2d 826, 1992 Fla. App. LEXIS 1776, 1992 WL 32815

District Court of Appeal of Florida | Filed: Feb 25, 1992 | Docket: 1486103

Published

directions to award attorney's fees pursuant to Section 77.28, Florida Statutes (1991). Affirmed in part and

Scherer v. Scherer

591 So. 2d 327, 1992 Fla. App. LEXIS 1, 1992 WL 257

District Court of Appeal of Florida | Filed: Jan 3, 1992 | Docket: 64664246

Published

attorney’s fees against Robert pursuant to section 77.28, Florida Statutes (1989). The trial court’s

Matthews v. First Federal Savings & Loan of Englewood

571 So. 2d 2, 16 Fla. L. Weekly 491, 1990 Fla. App. LEXIS 10193, 1990 WL 48569

District Court of Appeal of Florida | Filed: Apr 12, 1990 | Docket: 64654906

Published

court a motion for attorney’s fees pursuant to section. 77.28, Florida Statutes (1989). Upon affirmance,

Financial & Investment Planning, Inc. v. Lieberman

475 So. 2d 1246, 10 Fla. L. Weekly 2282

District Court of Appeal of Florida | Filed: Jul 23, 1985 | Docket: 64614430

Published

absolutely entitled to such an award under Section 77.28, Florida Statutes (1983), which provides: “On

First National Bank & Trust Co. v. Bryan

427 So. 2d 392, 1983 Fla. App. LEXIS 19148

District Court of Appeal of Florida | Filed: Mar 9, 1983 | Docket: 64595318

Published

stakeholder and was entitled under the statute, Section 77.28, Florida Statutes (1981), to be reimbursed for

Ago

Florida Attorney General Reports | Filed: Mar 24, 1978 | Docket: 3258111

Published

attorney's fees, and taxes the same as costs. Section 77.28. As clearly stated in the statute, the $10 deposit

Buyer Finance Corp. v. Oliveros

196 So. 2d 451, 1967 Fla. App. LEXIS 5029

District Court of Appeal of Florida | Filed: Mar 14, 1967 | Docket: 64500176

Published

Therefore, the order appealed must be reversed. Section 77.28, Fla.Stat., F.S.A. provides for the allowance

Jefferson National Bank of Miami Beach v. Cloverleaf Hospital, Inc.

194 So. 2d 287, 1967 Fla. App. LEXIS 5241

District Court of Appeal of Florida | Filed: Jan 24, 1967 | Docket: 64499509

Published

attorney up to and including the above order. Section 77.28, Florida Statutes, F.S.A., provides, in part: