Camodeca v. Camodeca
Florida District Courts of Appeal
Camodeca v. Camodeca, 470 So. 2d 863 (1985)
10 Fla. L. Weekly 1464; 1985 Fla. App. LEXIS 14537
Campbell, Danahy, Hall
Camodeca v. Camodeca
Opinion of the Court
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.
Reference
- Full Case Name
- Peter M. CAMODECA, Personal Representative of the Estate of Anthony Camodeca v. Frank CAMODECA
- Cited By
- 1 case
- Status
- Published