Florida District Courts of Appeal, 1985

Camodeca v. Camodeca

Florida District Courts of Appeal · Decided June 14, 1985 · Campbell, Danahy, Hall

470 So. 2d 863; 10 Fla. L. Weekly 1464; 1985 Fla. App. LEXIS 14537 (Southern Reporter, Second Series)

Cases that cite this one

1 later published case cites this decision.

Polley v. Polley (Fla. Dist. Ct. App. 1991)

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Opinion of the Court

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.

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