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CADLE CO. v. PEGASUS RANCH, INC.

No. 4D05-1636.

920 So.2d 1276 (2006)

The CADLE COMPANY, as Assignee of First Union National Bank of Florida, from the FDIC, as receiver for Southeast Bank, N.A., Appellant, v. PEGASUS RANCH, INC., William R. Ponsoldt and Mariane L. Ponsoldt, Appellees.

District Court of Appeal of Florida, Fourth District.

March 1, 2006.

Attorney(s) appearing for the Case

Keith A. Graham of Marchena & Graham, P.A., Orlando, for appellant.

Louis E. Lozeau, Jr., of Wright, Ponsoldt & Lozeau, L.L.P., Stuart, for appellees.

MAY, J.

A creditor appeals an order dissolving seven writs of garnishment. It argues the court erred in finding its replies were insufficient to comply with the requirements of section 77.041(3), Florida Statutes (2004). We agree and reverse.

In an attempt to execute on a judgment against Ponsoldt and his wife, the creditor Cadle obtained post-judgment writs of garnishment and served them on seven garnishees. Ponsoldt timely answered the writs using the form...

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