County Civil Court:  APPELLATE PROCEDURE – Preservation of error – writ of garnishment – without a transcript or statement of evidence, Appellant failed to show that trial court erred in dismissing garnishment against Appellee – dismissal affirmed.  Petsch v. Housekeeping Management, Inc., Appeal No. 05-0026AP-88B (Fla. 6th Cir. App. Ct. Feb. 14, 2006). 

 

                     IN THE CIRCUIT COURT FOR THE SIXTH JUDICIAL CIRCUIT

                                      IN AND FOR PINELLAS COUNTY, FLORIDA

                                                         APPELLATE DIVISION

 

 

GARY PETSCH,

Appellant,                                                         Appeal No.  05-0026AP-88B

UCN522005AP000026XXXXCV

vs.

 

HOUSEKEEPING MANAGEMENT,

INC., a Florida corporation,

Appellee.

 

_______________________________/

 

Appeal from Order

Dismissing Garnishment

Pinellas County Court

Judge Walt Fullerton

 

Rembert L. Lowery, Esquire

Attorney for Appellant

 

Brian C. Harrington, Esquire

Attorney for Appellee

 

                                                                             

ORDER AND OPINION

THIS CAUSE came before the Court on appeal, filed by Gary Petsch (Petsch), from an Order Dismissing Garnishment, entered February 17, 2005, wherein the trial court granted the Objection to Writ of Garnishment, filed by PK Information Systems, d/b/a Housekeeping Management (PK Information Systems), and releasing sums owed and/or paid by the garnishee, the Pinellas Association for Retarded Children (PARC).  Upon review of the briefs, the record and being otherwise fully advised, the Court affirms the Order as provided below.


The record shows that Petsch sued Housekeeping Management, Inc., on December 21, 2001, seeking payment for cleaning services performed during April and May 2001 under a contract entered into between the parties.  A Final Judgment in favor of Petsch was entered on October 20, 2003, in the amount of $ 10,744.43, in addition to attorney’s fees.  Petsch served a Writ of Garnishment on PARC on June 23, 2004.  In response to the Writ of Garnishment, PK Information Systems filed an Objection to Writ of Garnishment asserting that any monies garnished from PARC were never due to Housekeeping Management, Inc., a company that was dissolved in July 2003.  As stated in the Objection, pursuant to a security interest held by Phillip Kurpe (the apparent sole director of both Housekeeping Management Inc. and PK Information Systems), all assets of Housekeeping Management, Inc., were “seized” at the time of the company’s dissolution and “thereafter have been handled by PK Information Systems.”  After a hearing on the matter, the trial court entered its Order Dismissing Garnishment concluding that, “[s]ums owed and/or paid by Pinellas Association for Retarded Children for cleaning services are unrelated to those sums Plaintiff seeks to recover.”

Before this Court, Petsch argues that the trial court erred in ruling on an issue not properly before the court and by failing to address the real issue, to wit:  whether monies owed by PARC for cleaning services were the property of Housekeeping Management, Inc., and, therefore, subject to  the Writ of Garnishment, or; whether the monies were the property of PK Information Systems and thus exempt from garnishment.  In addressing this issue, the Court restates the well-settled law that  a decision of the trial court has the presumption of correctness and the burden is on the appellant to demonstrate error.  See Applegate v. Barnett Bank of Tallahassee, 377 So.2d 1150, 1152 (Fla. 1979); see also American Bankers Insurance Company v. Zapata, 761 So.2d 1216, 1217 (Fla. 2d DCA 2000).  Without a transcript or stipulated statement of evidence, the Court finds that Petsch has failed to meet his burden and the Court is compelled to affirm the trial court’s ruling. 

Therefore, it is,

ORDERED AND ADJUDGED that the Order Dismissing Garnishment is affirmed.

DONE AND ORDERED in Chambers, at St. Petersburg, Pinellas County, Florida this ______ day of February 2006.

 

 

                                                            ______________________________

                                                            DAVID A. DEMERS

                                                            Circuit Judge, Appellate Division

 

 

 

 

 

 

_____________________________                          _____________________________

PETER RAMSBERGER                                          ANTHONY RONDOLINO

Circuit Judge, Appellate Division                                   Circuit Judge, Appellate Division

 

 

 

Copies furnished to:

 

Judge Walt Fullerton

 

Rembert L. Lowery, Esquire

Post Office Box 2402

Pinellas Park, FL  33780-2402

 

Brian C. Harrington, Esquire

5536 Central Avenue

St. Petersburg, FL  33707-1717