History
  • No items yet
midpage
Camodeca v. Camodeca
470 So. 2d 863
Fla. Dist. Ct. App.
1985
Check Treatment
CAMPBELL, Judge.

This is an appeal from a writ of garnishment based upon an underlying judgment rendered in the main proceeding between the parties. That judgment on appeal to this court has been reversed. Peter M. Camodeca v. Frank Camodeca, 464 So.2d 662 (Fla. 2d DCA 1985).

In this proceeding, the writ of garnishment must also be reversed. Garnishment proceedings are collateral to the main suit, and it is improper to allow a garnishment based upon an underlying judgment that fails. Florida Cent. & P.R. Co. v. Carstens, 48 Fla. 72, 37 So. 566 (1904).

Accordingly, the judgment of the trial court is reversed.

DANAHY, A.C.J., and HALL, J., concur.

Case Details

Case Name: Camodeca v. Camodeca
Court Name: District Court of Appeal of Florida
Date Published: Jun 14, 1985
Citation: 470 So. 2d 863
Docket Number: No. 84-1790
Court Abbreviation: Fla. Dist. Ct. App.
AI-generated responses must be verified and are not legal advice.
Your Notebook is empty. To add cases, bookmark them from your search, or select Add Cases to extract citations from a PDF or a block of text.