Public-domain · open source
OpenJurist

350 So. 2d 519

Clemons v. Morris

District Court of Appeal of Florida

Decided October 4, 1977

District Court of Appeal of Florida · decided 1977-10-04

Cited by 3 later decisions — most recently November 1981

3 state decisions

Relies on 216 So. 2d 799 - Noyes v. Cooper · 344 So. 2d 1340 - Hall v. AIR FORCE FINANCE CTR., ETC. · Machado v. O'Neill

Good law ✅— No negative treatment on recordhow we know

Decided 1977-10-04

View the full empirical analysis of this case →

DAUKSCH, Judge.

¶1The question on appeal is whether Section 61.12, Florida Statutes (1975), applies to judgments for alimony, suit money and child support as well as orders for the same. Hall v. Air Force Finance Center, etc., 344 So.2d 1340, 1343 (Fla.1st DCA 1977), an*520swers the question. Sub judice, the mother obtained a foreign judgment against the father for child support and sued in Florida to make the foreign judgment a Florida judgment and then to garnish his salary. The husband defended by saying Section 61.12, Florida Statutes (1975), only applied to orders and not to judgments. We like the First District Court of Appeal in Hall, supra,hold that Section 61.12, Florida Statutes (1975), applies to judgments for alimony, suit money and child support, as well as orders for the same.

¶2Appellant cites Noyes v. Cooper, 216 So.2d 799 (Fla.3d DCA 1968), as authority but we have considered De Castro v. De Castro, 334 So.2d 834 (Fla.3rd DCA 1976), as limiting that holding because the court somehow determined Noyes v. Cooper, supra,had to do with sums due under a property settlement.

¶3The Order denying Defendant’s Motion for disallowance and/or dissolution of garnishment and the Final Judgment in garnishment, both entered below, are AFFIRMED.

ALDERMAN, C. J., and LETTS, J., concur.
/350/so2d/519 · .json · Public domain