Goldstein v. Ginsberg

District Court of Appeal of Florida

Goldstein v. Ginsberg

399 So. 2d 415, 1981 Fla. App. LEXIS 27949

CourtDistrict Court of Appeal of Florida

DecidedJune 2, 1981

DocketNo. 80-2323

StatusPublished

Cited by3 cases

This text of 399 So. 2d 415 (Goldstein v. Ginsberg) 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.

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Goldstein v. Ginsberg, 399 So. 2d 415, 1981 Fla. App. LEXIS 27949 (Fla. Ct. App. 1981).

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Opinion

PER CURIAM.

Appellant, in 1960, recovered a final judgment covering a number of items, including periodic alimony. The appellee’s continuing duty to make periodic alimony payments ceased in 1965.

In 1980, the appellant sought a continuing writ of garnishment, pursuant to Section 61.12(2), Florida Statutes (1979). The trial court refused to issue a continuing writ of garnishment, and this appeal ensued. We affirm.

There did not appear to be any evidence of a current continuing order to make periodic alimony or support payments in the record before the trial court; to the contrary, the evidence indicated that all such periodic payment orders had ceased. We therefore find that the trial court was eminently correct in not permitting the appellant to secure the issuance of a continuing writ of garnishment directed to the judgment debtor’s employer. See and compare: Schwarz v. Waddell, 389 So.2d 210 (Fla. 4th DCA 1980).

Affirmed.

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PER CURIAM.

Appellant, in 1960, recovered a final judgment covering a number of items, including periodic alimony. The appellee’s continuing duty to make periodic alimony payments ceased in 1965.

In 1980, the appellant sought a continuing writ of garnishment, pursuant to Section 61.12(2), Florida Statutes (1979). The trial court refused to issue a continuing writ of garnishment, and this appeal ensued. We affirm.

There did not appear to be any evidence of a current continuing order to make periodic alimony or support payments in the record before the trial court; to the contrary, the evidence indicated that all such periodic payment orders had ceased. We therefore find that the trial court was eminently correct in not permitting the appellant to secure the issuance of a continuing writ of garnishment directed to the judgment debtor’s employer. See and compare: Schwarz v. Waddell, 389 So.2d 210 (Fla. 4th DCA 1980).

Affirmed.

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399 So. 2d 415, 1981 Fla. App. LEXIS 27949, Counsel Stack Legal Research, https://law.counselstack.com/opinion/goldstein-v-ginsberg-fladistctapp-1981.

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