Dixie National Bank v. Chase

485 So.2d 1353 (Fla. Dist. Ct. App. 1986)

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Nature of the Case

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Facts

P filed a motion for a writ of garnishment against Jim Gore in the Circuit Court for the Eleventh Judicial Circuit in and for Dade County, Florida. The motion requested that the clerk of the circuit court issue a writ of garnishment directed to D and stated that: (1) on June 2, 1983, P received a final judgment against Gore in the amount of $48,473.50, and (2) Gore has visible property on which levy could be made to satisfy the above judgment. The clerk of the circuit court issued a writ of garnishment directing D to file and serve an answer within 20 days. The answer was to state whether D was indebted to Gore at the time of the answer or was indebted at the time of service of the writ, or at anytime between such times, and in what sum and what tangible and intangible personal property of Gore that D has in its possession or control at the time of the answer or had at the time of service of this writ, or at anytime between such times, and whether D knows of any other person indebted to Gore or who may have any of the property of Gore in (its, his/her) possession or control. On July 15, 1983, at 3:13 P.M., the writ of garnishment was served on D. On July 20, 1983, D served by mail its answer to the writ of garnishment on P which answer was filed with the circuit court five days later. The answer stated: 'D is indebted to Gore, in the amount of $32.86 and it was so indebted to Gore at the time of service of this writ, at the time of this answer and between such period and it knows of no person indebted to Gore, or who may have any of the effects of said defendant in their hands.' This was based on a bank account of 'Jimmy Gore' held at D; the signator card for this account was signed by 'Jimmy Gore' as sole signator and owner of the account; no other disclosure was made of any other account at the said bank -- although, without dispute, Gore held another bank account with the garnishee Dixie Bank entitled 'Diamond M,' account no. 0210001735. The signator card for this account was signed -- like the first account -- by 'Jimmy Gore' as sole signator and owner of the account. D had failed to discover and list the latter account in its answer due to an error in its records search. D failed to put a hold on the omitted bank account. A second writ was served by P on D which asked for any and all accounts of Gore or any business entities over which he had signatory authority. It was served on February 22, 1984, at 3:15 P.M. On March 6, 1984, D served an answer by mail identical to its answer to the first writ of garnishment -- except that the amount now on hand in the disclosed bank account had shrunk from $32.86 to $5.04. D failed to disclose the existence of the omitted bank account. On April 13, 1984, D filed an amended answer to the above two writs of garnishment in which it disclosed for the first time the existence of the omitted bank account. There was an additional $275 at stake which had dwindled to $65.63. But, Gore deposited a total of $13,870.61 in the above-omitted bank account, and then withdrew most of it, between the time the first writ of garnishment was served and the time the amended answer was served. The trial court entered a final judgment in garnishment in favor of P and against D in the amount of $13,870.61. D appealed.