This case has a long procedural history which we hope to finally conclude. The facts have been recited in full in Schwarz v. Waddell,
The three issues facing us are (1) whether garnishment under section 61.12, Florida Statutes (1979),
As a general statement оf law, prohibition is a prerogative writ issued in the court’s discretion to restrain a lower tribunal from acting in excess of оr without jurisdiction. It is not designed, as essentially urged by relator, to correct an order already issued; nor does it serve аs a vehicle for the correction of errors made by a lower court acting within its authority. English v. McCrary,
Regarding the first issue raised by relator, the Supreme Court of Florida recently settled it in the affirmative in Sokolsky v. Kuhn,
Last and foremost, relаtor urges us to apply the law of contempt to the law of garnishment. Contempt does not lie to enforce the payment of support arrearages once a child has attained the age of majority. Gersten v. Gersten,
Garnishment, on the other hand, is an ordinary civil proceeding to enforce an order of the court for payment оf money. The Legislature, in enacting section 61.12, recognized that orders entered in domestic matters should be treated differently, but it in no way indicated an intent to limit available remedies. On the contrary, it created an exception tо the general exemption from garnishment that may be asserted under section 222.11, Florida Statutes (1979), when money is due the heаd of a family for personal services and labor, thus enlarging the source of funds available for support orders.
In dеclining to adopt relator’s third argument, we note the First District Court of Appeal rejected the same in Sokolsky v. Kuhn,
Finding no departure from the essential requirements of law and inapproрriate grounds for a writ of prohibition, we deny relator’s petition.
Notes
. Section 61.12, Florida Statutes (1979), provides in relevant pаrt:
(1) So much as the court orders of the money or other things due to any person or public officer, state or cоunty, whether the head of a family residing in this state or not, when the money or other thing is due for the personal labor or serviсe of the person or otherwise, is subject to attachment or garnishment to enforce the orders of the court of this state for alimony, suit money, or child support, or other orders in proceedings for dissolution, alimony, or child support; ....
(2) The provisions of chapter 77 or any other provision of law to the contrary notwithstanding, the court may issue a continuing writ of garnishment to an employer to enforce the order of the court for periodic payment of alimony or child support or both. The writ may provide that the salary of any person having a duty of support pursuant to said order be garnisheed on a periodic and continuing basis for so long as the court may determine or until otherwisе ordered by the court or a court of competent jurisdiction in a further proceeding.
. Florida Rule of Appеllate Procedure 9.040(c) requires that “[i]f a party seeks an improper' remedy, the cause shall be treated аs if the proper remedy had been sought....” We note, however, that we would not accept jurisdiction on any ground bеcause relator has an adequate remedy below were it not for the supreme court’s direction to consider the remaining issues in the cause. The record reflects the following combined motions remain pending in the trial court: a sworn traverse of the motion for reissuance of the writ of garnishment; a motion to vacate the order for а continuing writ of garnishment for child support; and a motion to quash the writ of garnishment. These motions raised the same issues presented in relator’s petition for prohibition. The State, as garnishee, filed a motion for dissolution of garnishment, arguing that since no sworn denial to relator’s affidavit of exemption had been timely filed, all proceedings dealing with the writ of gаrnishment had to cease. The former wife filed an answer and relator filed this petition.
. Article I, section 10 of the Florida Constitution provides that “[n]o person shall be imprisoned for debt, except in cases of fraud.”
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