Southeast First National Bank of Miami v. Butter

District Court of Appeal of Florida

Southeast First National Bank of Miami v. Butter

350 So. 2d 573, 1977 Fla. App. LEXIS 16976

CourtDistrict Court of Appeal of Florida

DecidedOctober 11, 1977

DocketNo. 76-1789

StatusPublished

This text of 350 So. 2d 573 (Southeast First National Bank of Miami v. Butter) 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

Southeast First National Bank of Miami v. Butter, 350 So. 2d 573, 1977 Fla. App. LEXIS 16976 (Fla. Ct. App. 1977).

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Opinion

PER CURIAM.

The plaintiff appeals from an order dissolving a writ of garnishment entered prior to judgment pursuant to Sections 77.031, 77.04, 77.06 and 77.07, Florida Statutes (1975). The reason as urged by the appellant as to why the order dissolving the garnishment may have been erroneous at the time of the entry of the order in this cause are moot because the Supreme Court of Florida has declared unconstitutional all of the above enumerated sections of the Florida Statutes insofar as they pertain to pre-judgment garnishment. See Ray Lein Const., Inc. v. Wainwright, 346 So.2d 1029 (Fla.1977). Therefore, the order dissolving the writ of garnishment is affirmed without further discussion.

Affirmed.

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PER CURIAM.

The plaintiff appeals from an order dissolving a writ of garnishment entered prior to judgment pursuant to Sections 77.031, 77.04, 77.06 and 77.07, Florida Statutes (1975). The reason as urged by the appellant as to why the order dissolving the garnishment may have been erroneous at the time of the entry of the order in this cause are moot because the Supreme Court of Florida has declared unconstitutional all of the above enumerated sections of the Florida Statutes insofar as they pertain to pre-judgment garnishment. See Ray Lein Const., Inc. v. Wainwright, 346 So.2d 1029 (Fla.1977). Therefore, the order dissolving the writ of garnishment is affirmed without further discussion.

Affirmed.

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350 So. 2d 573, 1977 Fla. App. LEXIS 16976, Counsel Stack Legal Research, https://law.counselstack.com/opinion/southeast-first-national-bank-of-miami-v-butter-fladistctapp-1977.

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