Kennedy v. Schling LLC et al

Filing 55

ORDER granting 54 Motion for Writ of Garnishment. Signed by Magistrate Judge Thomas B. Smith on 5/22/2019. (Smith, Thomas)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION
PATRICIA KENNEDY,
Plaintiff,
v.

Case No: 6:17-cv-2157-Orl-22TBS

SCHLING LLC and ORDER UP II, INC.,
Defendants.
ORDER
Pending before the Court is Plaintiff’s Motion for Writ of Garnishment After
Judgment (Doc. 54) and a proposed Writ (Doc. 54-1).
“The procedure on execution—and in proceedings supplementary to and in aid of
judgment or execution—must accord with the procedure of the state where the court is
located[.]” FED. R. CIV. P. 69(a)(1). Florida law provides that “[e]very person or entity who
... has recovered judgment in any court against any person or entity has a right to a writ of
garnishment, in the manner hereinafter provided, to subject any debt due to defendant by
a third person ... and any tangible or intangible personal property of defendant in the
possession or control of a third person.” FLA. STAT. § 77.01. To obtain a writ of
garnishment, the judgment creditor must file a motion stating the amount of the judgment.
FLA. STAT. § 77.03. The writ must require the garnishee to answer within 20 days of
service of the writ, stating whether the garnishee is indebted to the defendant at the time
of the answer, or was indebted at the time of service of the writ, plus up to 1 business day
for the garnishee to act expeditiously on the writ, or at any time between such times; the
amount of the tangible or intangible personal property of defendant the garnishee has in

its possession or control at the time of the answer, or had at the time of the service of the
writ, or at any time between such times; and whether the garnishee knows of anyone else
who is indebted to the defendant, or who may have any of the property of the defendant
in its possession or control. FLA. STAT. § 77.04.
As the motion and proposed writ comply with these requirements, the motion is
GRANTED, and the Clerk is authorized to execute and issue the writ attached to the
motion.
DONE and ORDERED in Orlando, Florida on May 22, 2019.

Copies furnished to:
Counsel of Record
Unrepresented Parties

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