Orso v. Disner et al

Filing 5

ORDER granting 3 Motion for Writ of Garnishment. Signed by Magistrate Judge Philip R. Lammens on 6/11/2021. (SA)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
OCALA DIVISION
MATTHEW ORSO AS SUCCESSOR
TRUSTEE TO KENNETH D. BELL IN
HIS CAPACITY AS COURTAPPOINTED RECEIVER FOR REX
VENTURE GROUP, LLC,
Plaintiff,
v.

Case No: 5:21-mc-9-JSM-PRL

BARTON TUCKER,
Defendant.
ORDER
This matter is before the court on the motion 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 directed to JP Morgan Chase Bank, N.A. (Doc. 3)
On August 14, 2017, the United States District Court for the Western District of North
Carolina entered a Final Judgment in favor of Plaintiff against each individual member of a
Defendant class, including Defendant Holli Rovenger. (Doc. 1). On April 19, 2021, Plaintiff
registered the judgment with this Court. (Doc. 1). Now, Plaintiff moves for a writ of
garnishment to satisfy the outstanding judgment in the amount of $53,200.39, plus postjudgment interest pursuant to 28 U.S.C. § 1961. Plaintiff believes that JP Morgan Chase Bank,
N.A. has in its possession and control certain monies or property belonging to the Defendant
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. After a writ of garnishment is issued,
Chapter 77 requires two separate notices in connection with the garnishment proceeding. If a
defendant is an individual, subsection 77.041(1) requires notice to the defendant and
prescribes the exact language of a “Notice to Defendant of Right against Garnishment of
Wages, Money, and Other Property.” See Fla. Stat. § 77.041(1). In addition, subsection
77.041(2) requires that a plaintiff comply with additional notice requirements in regard to the
defendants.
Accordingly, upon due consideration, Plaintiff’s motion for writ of garnishment (Doc.
3) is GRANTED, and the Clerk is directed to issue the Writ of Garnishment to Garnishee JP
Morgan Chase Bank, N.A. attached to Plaintiff’s motion. (Doc. 3-1). The Clerk is further
directed to attach to the Writ of Garnishment the “Notice to Defendant” pursuant to Fla.
Stat. § 77.041(1). Plaintiff is reminded that it must fully comply with all notice requirements
of § 77.041, Florida Statutes.
DONE and ORDERED in Ocala, Florida on June 11, 2021.

Copies furnished to:
Counsel of Record
Unrepresented Parties

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