Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
Writs of garnishment are used in Florida family law cases to collect money judgments. This is an order that allows money from bank accounts to be involuntarily withdrawn to satisfy attorney’s fees or support orders, for example. This was an issue in the case Baumann v. Agudelo, 3D25-0755 (Fla. 3d DCA September 24, 2025).
A writ of garnishment was entered by the trial court against the appellant for an award of attorney’s fees and costs under Fla. Stat. Chp. 61.16. This was after an evidentiary hearing was held. The appellant appealed, arguing the appellee did not have standing to seek a writ against his personal and commercial bank accounts.
Noting that the appellant did not provide a transcript of the trial court proceedings, the appellate court held “Because the trial court’s order is presumed correct and no error appears on its face, we cannot conclude the court so misconceived the law as to warrant reversal. Thus, we affirm.” The court cited Dieguez v. Weissberg, 3 So. 3d 441, 441 (Fla. 3d DCA 2009): “In the absence of a proper record, a presumption of correctness attaches to the trial court’s decision and this Court’s review is limited to whether errors appear on the face of the judgment. Here, the client has failed to overcome the presumption of correctness attached to the trial court’s decision, and no errors appear on the face of the trial court's decision. Accordingly, the order on appeal is affirmed in all respects.”
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