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would be directly appealable to this court upon final judgment
or decree, we may properly exercise certiorari jurisdiction
pursuant to Article V, Section 3tb)(3). Florida Constitution.2
f
. On May~13, 1976, petitione=, Ray Lein Construction,
Inc., filed a complaint against the respondents, claiminq moneys
due and owinq. On June 29, 1976,~upon motion by petitioner,
the Clerk of the Circuit Court issued a writ of qarnishment
aqainst First Federal Savit~qs ~ I,Qan Association of Fort ,k
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Pierce et al., qarnisheeinq the proceeds of a judgment obtained
by the respondents aqatinst First Federal. On July l, 1976,
respondents filed a motion to dissolve-the writ on the ground
that the statu~ory provisions under which it was issued are
unconstitutional, in that they provide for a prejudqment
garnishment procedure, which deprives the debtor of his ~ -
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property without prior notice or hearinq. The court entered
an order denyinq defendant's motion and specifically upheld
the validity of the challenged statutes.- We disagree. In
light of recent judicial treatment of similar prejudgment
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procedures, we hold that Sections 77.031, 77.04, 77.06, and
77.07, Florida Statutes (1975), insofar as they pertain to
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If prejudgment qarnishment, are unconstitutional. _
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'E - Garnishment fs but one forla of sumunary remedy f;
historically available to the creditor. It is a method ~
whereby a person's property, moneys or credits in the
possession, under the control, or owinq by another are
applied to payment of the fonaer's debt to a third person by '
proper statutory process against the debto= and garnishee.
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2Upon enterinq its order below, the C3.~cuit Court certified
the following question to the Fourth District Court of Appeal
who, in turn, trans~erred it here: -
Are the provisions of SS77.031, 77.04 and ~
77.06, FLA STAT, which provide for garnishment
of monies owed the Plaintiff before judqlnent and
~ without prior notice and an opportunity to be -
heard, violative of the Due Process Clause of
the Fourteenth Amendment to the United States F`'
Constitntion3
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