Orso v. Disner et al

Filing 38

ORDER granting 37 Motion for Writ of Garnishment. The Clerk is directed to issue the Writ of Garnishment (including the Notice and Claim of Exemption) attached to the motion. Signed by Magistrate Judge Philip R. Lammens on 9/25/2023. (EE)

Case 5:21-mc-00008-JSM-PRL Document 38 Filed 09/25/23 Page 1 of 2 PageID 243

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
OCALA DIVISION
NATIONWIDE JUDGMENT
RECOVERY, INC.,
Plaintiff,
v.

Case No: 5:21-mc-8-JSM-PRL

TODD DISNER, TRUDY GILMOND,
TRUDY GILMOND, LLC, JERRY
NAPIER, DARREN MILLER,
RHONDA GATES, DAVID
SORRELLS, INNOVATION
MARKETING LLC, AARON
ANDREWS, SHARA ANDREWS,
GLOBAL INTERNET FORMULA,
INC., T. LEMONT SILVER,
MICHAEL VAN LEEUWEN,
DURANT BROCKETT, DAVID
KETTNER, MARY KETTNER,
P.A.W.S CAPITAL MANAGEMENT
LLC, LORI JEAN WEBER and
ZEEKREWARDS.COM,
Defendants.
ORDER
This matter is before the Court on the motion of Plaintiff, Nationwide Judgment
Recovery Inc., as assignee of Matthew Orso, as successor trustee to Kenneth D. Bell in his
capacity as court-appointed receiver for Rex Venture Group, LLC, for issuance of a writ of
garnishment as to Wells Fargo Bank, N.A. (“Garnishee”). (Doc. 37). On April 19, 2021,
Plaintiff registered the judgment with this Court. (Doc. 1). There remains due and owing

Case 5:21-mc-00008-JSM-PRL Document 38 Filed 09/25/23 Page 2 of 2 PageID 244

$39,443.33, plus post-judgment interest. 1 Now, Plaintiff moves for a continuing writ of
garnishment and suggests that the Garnishee may have in its possession and control certain
monies or property belonging to Defendant Rovenger sufficient to satisfy the judgment in
whole or in part. Pursuant to Fed. R. Civ. P. 69, the Court must follow state law regarding
garnishment procedures. See Fed. R. Civ. P. 69. Chapter 77 of the Florida Statutes prescribes
the procedure for issuance and enforcement of writs of garnishment.
Accordingly, upon due consideration, Plaintiff’s motion for issuance of writ of
garnishment (Doc. 37) is GRANTED, and the Clerk is directed to issue the Writ of
Garnishment (including the Notice and Claim of Exemption) attached to the motion. (Doc.
37-1). Plaintiff must fully comply with all notice requirements of § 77.041, Florida Statutes.
DONE and ORDERED in Ocala, Florida on September 25, 2023.

Copies furnished to:
Counsel of Record
Unrepresented Parties

Plaintiff represents that the writ of garnishment entered by this Court against the Garnishee
(Doc. 7) automatically dissolved due to an oversight six months after its June 14, 2021, issuance, by
operation of Fla. Stat. § 77.07. (Doc. 37 at ¶¶ 6–8). Thus, Plaintiff moved for this second post-judgment
writ of garnishment.
1

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