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BROWN v. LIBERTY LOAN CORP. OF DUVAL

No. 75-1460.

539 F.2d 1355 (1976)

Etta Jane BROWN, Individually, and on behalf of all others similarly situated, Plaintiffs-Appellees, v. LIBERTY LOAN CORPORATION OF DUVAL, and S. Morgan Slaughter, as Clerk of the Circuit and County Courts of Duval County, Florida, Defendants, State of Florida, Intervenor-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied November 12, 1976.

Attorney(s) appearing for the Case

Robert L. Shevin, Atty. Gen., Dept. of Legal Affairs, Civ. Div., Thomas A. Harris, Asst. Atty. Gen., Tallahassee, Fla., for intervenor-appellant.

Steven M. Goldstein, Fla. State Univ., Tallahassee, Fla., for plaintiffs-appellees.

Frank X. Friedmann, Jr., Jacksonville, Fla., for Liberty Loan Corp., Etc.

Before WISDOM and MORGAN, Circuit Judges, and LYNNE, District Judge.

WISDOM, Circuit Judge:

The State of Florida appeals from a district court's declaratory judgment holding §§ 77.01, 77.03, and 222.12, Florida Statutes,1 unconstitutional as violative of the Due Process Clause of the Fourteenth Amendment to the United States Constitution insofar as they permit the postjudgment garnishment of an individual's wages without first providing that individual with notice of and an opportunity for a hearing...

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