Branch Banking and Trust Company v. Dunn et al

Filing 105

ORDER granting 103 Motion for Continuing Writ of Garnishment Against Salary or Wages of Defendant Cabot L. Dunn, Jr. The Clerk is DIRECTED to issue the proposed writ (Doc. 103-1). The Clerk is further DIRECTED to change Plaintiff's name on the docket to Truist Bank. Signed by Magistrate Judge Kyle C. Dudek on 1/8/2025. (CGW)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
BRANCH BANKING AND TRUST
COMPANY, a North Carolina
banking corporation, as successorin-interest to Colonial Bank by
asset acquisition from the FDIC as
Receiver for Colonial Bank,
Plaintiff,
v.

Case No.: 2:13-cv-373-SPC-KCD

DAVID D’AMORE and PAMELA
D’AMORE,
Defendants.
/
ORDER
Before the Court is Plaintiff Truist Bank’s1 Motion for Continuing Writ
of Garnishment Against Salary or Wages of Defendant Cabot L. Dunn, Jr. (Doc.
103.) In 2014, the Court entered a judgment against Cabot L. Dunn, Jr. for
$3,606,605.99. (Doc. 64.) Plaintiff now requests the Court direct the clerk to
issue a continuing writ of garnishment on DEC Contracting Group, Inc., an
entity that Plaintiff believes is Dunn’s employer.

1 Plaintiff explains that Branch Banking and Trust Company changed its name to Truist

Bank in 2019. (Doc. 103 at n.1.) Thus, the Court will direct the Clerk to change the name on
the docket.

Federal Rule of Civil Procedure 69 provides that “[a] money judgment is
enforced by a writ of execution, unless the court directs otherwise.” Id. The
procedure for writs of execution is governed by state law. Id. Florida law
provides that “[e]very person or entity who has sued to recover a debt or has
recovered judgment in any court against any person or entity has a right to a
writ of garnishment[.]” Fla. Stat. § 77.01. To obtain a continuing writ of
garnishment against salary or wages, a party must comply with Florida
Statute section 77.0305, which provides, “a court shall issue a continuing writ
of garnishment to the judgment debtor’s employer” until the judgment is
satisfied or until otherwise provided by court order.
Plaintiff has complied with the statutory prerequisites for obtaining the
writ it seeks. Thus, the Court will direct the Clerk to issue the proposed writ
of garnishment. Thereafter, Plaintiff must fully comply with Florida’s
applicable garnishment statutes (Fla. Stat. § 77.01 et seq.) and file any required
certificates of service (see, e.g., Fla. Stat. §§ 77.041(2), 77.055).
Accordingly, it is ORDERED:
1.

Plaintiff Truist Bank’s Motion for Continuing Writ of Garnishment

Against Salary or Wages of Defendant Cabot L. Dunn, Jr. (Doc. 103) is
GRANTED.
2.

The Clerk is DIRECTED to issue the proposed writ (Doc. 103-1).

2

3.

The Clerk is further DIRECTED to change Plaintiff’s name on the

docket to Truist Bank.
ENTERED in Fort Myers, Florida on January 8, 2025.

Copies: All Parties of Record

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