Eden v. Bank of New York

District Court of Appeal of Florida

Eden v. Bank of New York

588 So. 2d 16, 1991 Fla. App. LEXIS 10133, 1991 WL 205854

CourtDistrict Court of Appeal of Florida

DecidedOctober 16, 1991

DocketNo. 91-2588

StatusPublished

Cited by1 cases

This text of 588 So. 2d 16 (Eden v. Bank of New York) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Eden v. Bank of New York, 588 So. 2d 16, 1991 Fla. App. LEXIS 10133, 1991 WL 205854 (Fla. Ct. App. 1991).

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Opinion

PER CURIAM.

After finding petitioner in contempt for failure to comply with a court order to respond to a request for discovery in aid of execution on a final judgment, the trial court issued a writ of bodily attachment. The trial court did not condition the writ on compliance with the order to respond to the request for discovery. Rather, the court imposed a purge provision which required petitioner to satisfy a money judgment in the amount of $270,976.49, or post a bond of that same amount. In so doing, the trial court departed from the requirements of law. See Bowen v. Bowen, 471 So.2d 1274, 1277 (Fla.1985); Sarron v. Crawford, 464 So.2d 644 (Fla. 3d DCA 1985). The trial court evidently issued the writ based upon its reliance on language in Faircloth v. Faircloth, 339 So.2d 650 (Fla.1976), from which the supreme court receded in Bowen.

Accordingly, we grant the petition for writ of certiorari and quash the writ of bodily attachment.

DELL, STONE and WARNER, JJ., concur.

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PER CURIAM.

After finding petitioner in contempt for failure to comply with a court order to respond to a request for discovery in aid of execution on a final judgment, the trial court issued a writ of bodily attachment. The trial court did not condition the writ on compliance with the order to respond to the request for discovery. Rather, the court imposed a purge provision which required petitioner to satisfy a money judgment in the amount of $270,976.49, or post a bond of that same amount. In so doing, the trial court departed from the requirements of law. See Bowen v. Bowen, 471 So.2d 1274, 1277 (Fla.1985); Sarron v. Crawford, 464 So.2d 644 (Fla. 3d DCA 1985). The trial court evidently issued the writ based upon its reliance on language in Faircloth v. Faircloth, 339 So.2d 650 (Fla.1976), from which the supreme court receded in Bowen.

Accordingly, we grant the petition for writ of certiorari and quash the writ of bodily attachment.

DELL, STONE and WARNER, JJ., concur.

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Bluebook (online)

588 So. 2d 16, 1991 Fla. App. LEXIS 10133, 1991 WL 205854, Counsel Stack Legal Research, https://law.counselstack.com/opinion/eden-v-bank-of-new-york-fladistctapp-1991.

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