Orso v. Disner et al
ORDER granting 2 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. (Doc. 2-1). Signed by Magistrate Judge Philip R. Lammens on 9/8/2021. (JWM)
Case 5:21-mc-00012-JSM-PRL Document 4 Filed 09/08/21 Page 1 of 2 PageID 28
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
MATTHEW ORSO, as Successor
Trustee to Kenneth D. Bell in his
capacity as court-appointed Receiver for
Rex Venture Group, LLC dba
Case No: 5:21-mc-12-JSM-PRL
TODD DISNER, TRUDY GILMOND,
TRUDY GILMOND, LLC, JERRY
NAPIER, DARREN MILLER,
RHONDA GATES, DAVID
MARKETING, LLC, AARON
ANDREWS, SHARA ANDREWS,
CORPORATION, T. LEMONT
SILVER, KAREN SILVER, MICHAEL
VAN LEEUWEN, DURANT
BROCKETT, DAVID KETTNER,
MARY KETTNER, P.A.W.S.
CAPITAL MANAGEMENT LLC,
LORI JEAN WEBER and
This matter is before the Court on the motion of successor trustee Matthew Orso
(“Judgment Creditor”) for issuance of a writ of garnishment as to Bank of America, N.A.
(“Garnishee”). (Doc. 2).
Case 5:21-mc-00012-JSM-PRL Document 4 Filed 09/08/21 Page 2 of 2 PageID 29
On August 14, 2017, the United States District Court for the Western District of North
Carolina, Charlotte Division, entered a Final Judgment in favor of Plaintiff and against each
individual member of a Defendant Class, including Defendant Kathleen Erickson. (Doc. 1).
Previously, the Judgment Creditor registered the judgment with this Court. (Doc. 1).
Judgment Creditor states that the judgment remains unsatisfied. Now, Judgment Creditor
moves for a writ of garnishment and suggests that Garnishee may be indebted to, or have
tangible or intangible personal property of the Judgment Debtor in its hands,
possession, or control.
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, Judgment Creditor’s motion for issuance of writ
of garnishment (Doc. 2) 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.
2-1). Judgment Creditor must fully comply with all notice requirements of § 77.041, Florida
DONE and ORDERED in Ocala, Florida on September 8, 2021.
Copies furnished to:
Counsel of Record
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