(1) If the judgment is for defendant in the main action, plaintiff shall pay all costs which have accrued in consequence of suing out a writ of garnishment before judgment and the money or property brought into the registry of the court or custody of the officer thereby inures to the benefit of and shall be controlled by defendant as completely as though it had been rendered in defendant’s favor.
(2) If plaintiff dismisses his or her action or has a judgment against him or her on the trial, the judgment against garnishee shall become a nullity and garnishee shall have execution for garnishee’s costs against plaintiff.
History.—s. 11, ch. 43, 1845; s. 2, ch. 1100, 1861; RS 1683, 1684; GS 2148, 2149; RGS 3450, 3451; CGL 5303, 5304; s. 27, ch. 67-254; s. 398, ch. 95-147.
Note.—Former ss. 77.22, 77.23.
Structure Florida Statutes
Title VI - Civil Practice and Procedure
77.01 - Right to Writ of Garnishment.
77.02 - Garnishment in Tort Actions.
77.03 - Issuance of Writ After Judgment.
77.0305 - Continuing Writ of Garnishment Against Salary or Wages.
77.031 - Issuance of Writ Before Judgment.
77.055 - Service of Garnishee’s Answer and Notice of Right to Dissolve Writ.
77.13 - Execution on Garnishee’s Refusal to Surrender Property.
77.14 - Disposition of Property Surrendered by Garnishee.
77.15 - Proceedings Against Third Persons Named in Answer.
77.16 - Claims by Third Persons to Garnisheed Property.
77.17 - Compensation to Garnishee.
77.19 - Amount Retained by Garnishee.
77.22 - Before Judgment; Effect of Judgment for Defendant.
77.24 - Before Judgment; Discharge.