Mullins Lumber Co. v. W.W. Lumber & Building Supplies, Inc.

District Court of Appeal of Florida

Mullins Lumber Co. v. W.W. Lumber & Building Supplies, Inc.

446 So. 2d 1083

CourtDistrict Court of Appeal of Florida

DecidedSeptember 28, 1983

DocketNos. 82-1809, 82-1927

StatusPublished

Cited by1 cases

This text of 446 So. 2d 1083 (Mullins Lumber Co. v. W.W. Lumber & Building Supplies, Inc.) 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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Mullins Lumber Co. v. W.W. Lumber & Building Supplies, Inc., 446 So. 2d 1083 (Fla. Ct. App. 1983).

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Opinions

BERANEK, Judge.

Appellant argues that the trial court erred by denying its motion to dissolve a writ of garnishment. We agree based on C & S Plumbing, Inc., v. Live Supply, Inc., 397 So.2d 998 (Fla. 4th DCA 1981).

A final judgment awarding W.W. Lumber $26,823.52 was filed on February 2, 1981. On February 5, 1981, W.W. Lumber filed a motion for writ of garnishment naming Mullins Lumber as garnishee. The writ was issued the same day and served on garnishee one day later. Appellant then filed a motion to dissolve the writ of garnishment as untimely filed and executed, which the trial court denied.

We reverse on the basis of our opinion in C & S Plumbing, Inc., supra, wherein we stated, “The time for serving a motion for new trial or rehearing has not expired; therefore, the writ was issued prematurely.” Accordingly, we reverse and remand for action consistent herewith.

REVERSED AND REMANDED.

ANSTEAD, C.J., and DELL, J., concur.

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