Bowling v. Rocket Wheels Industries, Inc.
Bowling v. Rocket Wheels Industries, Inc.
Opinion of the Court
This appeal arises from post-judgment garnishment proceedings in which appellants were garnishees.
Appellee, Rocket Wheels, sued Donald and Susan Lafferty and a final judgment for approximately $7,000 was entered in its favor. Personal service had previously been made on the Laffertys.
The judgment was not satisfied and ap-pellee commenced the instant garnishment proceedings. A writ of garnishment was personally served on appellants and they answered admitting a matured purchase money mortgage indebtedness to the Laf-fertys in the sum of $1,000 plus interest. A judgment in garnishment was entered in favor of Rocket Wheels and against appellants in the amount of their admitted indebtedness to the Laffertys. The judgment in garnishment further provided that the mortgage securing the indebtedness be deemed satisfied.
Appellants now assail the judgment in garnishment, not because it requires payment to Rocket Wheels of their indebtedness to the Laffertys, but solely because they fear double exposure in that they contend the court was without authority to declare the aforesaid mortgage satisfied. This is so, they say, because service of the writ of garnishment, or at least notice thereof, was not made on the Laffertys; which is the fact, as the record reveals. We must affirm but allay their fears.
At the outset, however, we point out that Section 77.07(2), Florida Statutes (1974), does provide that:
“On Motion by defendant served within 20 days after service of the writ stating that any allegation in plaintiffs motion for the writ is untrue, this issue shall be tried, and if the allegation in plaintiff’s motion which is denied is not proved to be true, the garnishment shall be dissolved.” (Italics ours.)
On the other hand, we seriously question the authority of the court, sitting at law in garnishment, to satisfy a mortgage of record even if the Laffertys had indeed been served with notice of the writ.
In view whereof, the judgment appealed from should be, and it is hereby, affirmed.
. Certainly, if it were a post-garnishment proceeding in the county court (which is without equity powers), the court couldn’t do it.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.