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470 So. 2d 863

470 So.2d 863

10 Fla.L.Weekly 1464

Camodeca v. Camodeca

District Court of Appeal of Florida · decided 1985-06-14

Cited by 1 later decisions — most recently October 1991

1 state decisions

Relies on Florida Central & Peninsular Railroad v. Carstens · 464 So. 2d 662 - Camodeca v. Camodeca

Good law ✅— No negative treatment on recordhow we know

Decided 1985-06-14

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CAMPBELL, Judge.

¶1This is an appeal from a writ of garnishment based upon an underlying judgment rendered in the main proceeding between the parties. That judgment on appeal to this court has been reversed. Peter M. Camodeca v. Frank Camodeca, 464 So.2d 662 (Fla. 2d DCA 1985).

¶2In this proceeding, the writ of garnishment must also be reversed. Garnishment proceedings are collateral to the main suit, and it is improper to allow a garnishment based upon an underlying judgment that fails. Florida Cent. & P.R. Co. v. Carstens, 48 Fla. 72, 37 So. 566 (1904).

¶3Accordingly, the judgment of the trial court is reversed.

DANAHY, A.C.J., and HALL, J., concur.
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