Hammond v. Kingsley Asset Management, LLC, 144 So. 3d 673

Hammond challenges nonfinal orders denying dissolution of a writ of garnishment and denying funds deposit into court registry.
Kingsley Asset Management foreclosed on commercial property; no deficiency judgment has been entered.
A foreclosure sale occurred; Hammond’s 15.75% equity was sold to Kingsley by credit bid of $1,100.
Georgia arbitration awarded Hammond $1,164,595 against Khan, Hammond’s ex-husband who has an interest in Kingsley.
Garnishment issued against Khan as garnishee; Khan answered owing $1,164,595 and sought deposit into registry; trial court granted deposit and denied dissolution.
Court reverses, holding deficiency judgment required before execution on the promissory note to avoid double recovery so garnishment cannot stand without a deficiency hearing.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether a writ of garnishment is proper without a deficiency judgment	Hammond contends no deficiency judgment exists.	Kingsley argues concurrent remedies allow garnishment.	Garnishment improper without deficiency hearing.
Effect of pursuing foreclosure sale before deficiency hearing	Kingsley should pursue deficiency prior to collecting on note.	No double recovery unless proceeds cover debt.	Deficiency hearing required before executing note.
Remand for dissolution of writ and further proceedings	Court should dissolve writ and consider distribution.	Funds disposition pending remand.	Remanded to dissolve writ and determine proper distribution.

Royal Palm Corp. Ctr. Ass'n v. PNC Bank, NA, 89 So. 3d 923 (Fla. 4th DCA 2012) (dual remedies allowed but must avoid double recovery)
Century Group, Inc. v. Premier Financial Services East, L.P., 724 So. 2d 661 (Fla. 2d DCA 1999) (need deficiency judgment if proceeds do not satisfy debt; avoid executing on note when foreclosure sale insufficient)
Flagship Bank v. Bryan, 384 So. 2d 1323 (Fla. 5th DCA 1980) (indebtedness can be collected only once; credits apply across judgments)