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ELVINE v. PUBLIC FINANCE CO.

No. 66-680.

196 So.2d 25 (1967)

Willie ELVINE, Mindy Elvine, and Joseph Miller, Frederic B. Miller and Joseph Massey, a Partnership d/b/a Miami Provision Company, Appellants, v. PUBLIC FINANCE CO., a Florida Corporation, Appellee.

District Court of Appeal of Florida. Third District.

Rehearing Denied March 22, 1967.

Attorney(s) appearing for the Case

Verne L. Freeland, Miami, for appellants.

Kneale, Roberts, Kneale & Starkweather, Miami, for appellee.

Before HENDRY, C.J., and PEARSON and CARROLL, JJ.

PEARSON, Judge.

This is an appeal by the judgment debtor, Willie Elvine, and the garnishee, Miami Provision Company, from a default judgment against the garnishee. The question presented is whether the trial court properly entered judgment against the garnishee when there was pending an affidavit by the debtor for exemption of wages from garnishment. The affidavit was made pursuant to § 222.11 Fla. Stat., F.S.A. and was filed 15 days before the entry of the judgment...

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