Herschend et al v. Hill et al

Filing 5

ORDER granting 4 Plaintiffs' Motion for Writ of Garnishment After Judgment. The Clerk is directed to issue the writ of garnishment submitted with the motion (Doc. 4 at 12-13). Signed by Magistrate Judge Carol Mirando on 8/15/2018. (APH)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
R. BRUCE HERSCHEND and
DIANNA HERSCHEND,
Plaintiffs,
v.

Case No: 2:18-mc-3-FtM-29CM

WILLIAM J. HILL, III and
DEBRA A. HILL,
Defendants.
ORDER
This matter comes before the Court upon review of Plaintiffs’ Motion for Writ
of Garnishment After Judgment filed on August 10, 2018. Doc. 4. For the reasons
stated below, the motion is granted.
On August 24, 2009, in the Western District of Missouri, the jury returned
verdicts in favor of Plaintiffs in case number 07-3426-CV-S-ODS. Doc. 1 at 2. On
October 1, 2009, the district court entered judgment against Defendants in the
amount of $1,368,380. Id. at 1. Plaintiffs registered the foreign judgment with this
Court on February 5, 2018. Id. Plaintiffs state that Defendants William J. Hill, III
and Debra A. Hill are not in possession of “property on which a levy can be made
sufficient to satisfy the judgment[.]”

Doc. 4 at 1.

Plaintiff believes Garnishee

Centennial Bank, formerly known as Stonegate Bank, is indebted to Defendants or
has tangible or intangible personal property of Defendants in its possession or
control. Id. at 1-2.

Pursuant to Rule 69 of the Federal Rules of Civil Procedure, enforcement of a
judgment shall be through writ of execution unless the court directs otherwise. Fed.
R. Civ. P. 69(a)(1).

The court may order other remedies that accord with the

procedure of the state where the court is located. Id. Florida law provides for the
remedy of garnishment pursuant to Fla. Stat. § 77.01 et seq. Under the applicable
Florida statute, notice is provided to a defendant after service of the writ of
garnishment. Here, judgment has been entered against Defendants in the Western
District of Missouri, and the Court finds good cause to grant the motion. Plaintiffs
must continue to follow all provisions, including notice requirements.
ACCORDINGLY, it is
ORDERED:
Plaintiffs’ Motion for Writ of Garnishment After Judgment (Doc. 4) is
GRANTED. The Clerk is directed to issue the writ of garnishment submitted with
the motion (Doc. 4 at 12-13).
DONE and ORDERED in Fort Myers, Florida on this 15th day of August, 2018.

Copies:
Counsel of record

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