International Image Makers, Inc. v. Ronald Levitt Associates, Inc.
International Image Makers, Inc. v. Ronald Levitt Associates, Inc.
Opinion of the Court
Ronald Levitt Associates, Inc. brought this action for breach of contract against International Image Makers, Inc. alleging that it was a Florida corporation. International Image Makers, Inc. did not raise the defense that it was an improper party by motion or by answer. Ultimately International Image Makers, Inc. made an offer for the plaintiff to take an agreed judgment against “International Image Makers, Inc., a Utah corporation.” The final judgment was entered against International Image Makers, Inc. without indicating the place of incorporation. There was no effort made to vacate, modify, or amend that final judgment and no appeal was taken from it. Plaintiff then filed and served a motion for garnishment after judgment against Tucker State Bank, which filed an answer admitting that it had on deposit funds belonging to the account of International Image Makers, Inc., a Florida corporation. It was then for the first time that International Image Makers, Inc., a Florida corporation, filed a motion to dissolve the garnishment on the basis that it was error to enter final judgment of garnishment because the final judgment entered on the parties’ offer and acceptance should have only authorized the judgment against the Utah corporation. The motion to dissolve was denied and a final judgment in garnishment entered from which International Image Makers, Inc. appeals.
Affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.