Suretec Insurance Company v. A&M SI Construction Company, LLC et al

Filing 33

ORDER granting in part and denying in part 32 Motion for Writ of Garnishment. Signed by Magistrate Judge Thomas B. Smith on 4/25/2016. (JMP)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION
SURETEC INSURANCE COMPANY,
Plaintiff,
v.

Case No: 6:15-cv-1061-Orl-28TBS

A&M SI CONSTRUCTION COMPANY,
LLC, COBRA, LLC, CASPIAN REAL
ESTATE HOLDINGS, LLC and
CHRISTINA ANN BUCHAN,
Defendants.
ORDER
This matter comes before the Court on Plaintiff Suretec Insurance Company’s
Motion for Writ of Garnishment (Doc. 32). On November 2, 2015, the Clerk entered
judgment in favor of Plaintiff and against Defendants A&M SI Construction Company,
LLC; Cobra, LLC; Caspian Real Estate Holdings, LLC; and Christina Ann Buchan, “jointly
and severally, in the amount of $303,415.20, for which sum let execution issue.”
(Doc. 31). Plaintiff now moves for a writ of garnishment against Sun Trust Bank, which
Plaintiff alleges has possession of funds belonging to Defendants and The Law Offices of
Christina Buchan, P.A. (Doc. 32-2).
When no federal statute is on point (and none is here), state law governs
proceedings in aid of judgment or execution. FED. R. CIV. P. 69(a)(1). Judgment
creditors are entitled to a writ of garnishment under Florida law. FLA. STAT. § 77.01. All
that is necessary to obtain a writ of garnishment “[a]fter judgment has been obtained
against defendant” is to “file a motion ... stating the amount of the judgment,” FLA. STAT.
§ 77.03, which Plaintiff has done here with one exception. The Law Offices of Christina

Buchan, P.A. is not a defendant in this suit, and Plaintiff has not provided evidence of a
judgment against this entity. Plaintiff’s motion is therefore DENIED as to The Law
Offices of Christina Buchan, P.A. In all other respects, the motion is GRANTED.
Plaintiff is DIRECTED to file a proposed writ of garnishment omitting reference to The
Law Offices of Christina Buchan, P.A., within seven (7) days.
DONE and ORDERED in Orlando, Florida on April 25, 2016.

Copy furnished to Counsel for Plaintiff

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