SC07-1136 – Arnold, Matheny And Eagan, P.A. v. First American Holdings, Inc., Etc., Et Al.

State: Florida

Docket No: SC07-1136

Case Date: 01/10/2008

Preview:Supreme Court of Florida
____________ No. SC07-1136 ____________ ARNOLD, MATHENY and EAGAN, P.A., Petitioner, vs. FIRST AMERICAN HOLDINGS, INC., etc., et al., Respondents. [May 1, 2008] PARIENTE, J. The issue before us involves the interpretation of Floridas garnishment statute and the obligations it imposes on third parties, including attorneys, who are served with writs of garnishment. In its decision in First American Holdings, Inc. v. Preclude, Inc., 955 So. 2d 1231 (Fla. 2d DCA 2007), the Second District Court of Appeal ruled upon the following question, which the court certified to be of great public importance: DOES AN ATTORNEY GARNISHEE HAVE A DUTY TO ISSUE A STOP PAYMENT ORDER FOR A CHECK DRAWN ON HIS OR HER TRUST ACCOUNT AND DELIVERED TO THE PAYEE PRIOR TO THE RECEIPT OF A WRIT OF GARNISHMENT IF THE SERVICE OF THAT WRIT OCCURS PRIOR TO THE

PRESENTMENT OF THAT CHECK FOR PAYMENT TO THE ATTORNEYS BANK? Id. at 1236. We have jurisdiction. See art. V,

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