Summary
stating that: "the proper means of executing a judgment is to institute proceedings supplementary."
Summary of this case from Arellano v. BissonOpinion
No. 91-1277.
September 17, 1991.
Appeal from the Circuit Court, Monroe County, J. Jefferson Overby, J.
Gillette, Richman Kowalski, P.A., and Frank X. Kowalski, Jr., Naples, for appellant.
Beckmeyer Mulick and Karl Beckmeyer, Tavernier, for appellee Citizens and Southern Bank of Monroe County.
Carlton, Fields, Ward, Emmanuel, Smith Cutler, P.A., Alan C. Sundberg and R. Vincent Russon, Jr., Tallahassee, for appellee Cameron.
Before BASKIN, JORGENSON, and GODERICH, JJ.
United Farm Agency of Florida, Inc., appeals from a final order invalidating an attempted levy that was based on a judgment for brokerage fees. We affirm.
Although we sympathize with United Farm's plight, we agree with the trial court's ruling that the proper means of executing a judgment is to institute proceedings supplementary. See § 56.29, Fla. Stat. (1989). Proceedings supplementary to execution are the intended means for a judgment creditor to receive satisfaction of a judgment. See Advertects, Inc. v. Sawyer Indus., 84 So.2d 21 (Fla. 1956).
Therefore, we affirm without prejudice to United Farm to bring proceedings supplementary to execution.