Regions Bank v. G3 Tampa, LLC et al

Filing 603

ORDER granting 588 Unopposed Motion for Order Reinstating Stipulated Motion for Final Judgment in Garnishment Nunc Pro Tunc. The Clerk of Court shall reinstate the Stipulated Motion for Final Judgment in Garnishment Nunc Pro Tunc May 22, 2015. Signed by Judge Elizabeth A. Kovachevich on 3/31/2017. (JM)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION,
FTBB, LLC,
Plaintiff,
v.

CASE NO. 8:09-CV-1841 -T-17MAP

LARRY S. HYMAN, assignee for
G3 TAMPA, LLC, etc., et al.,
Defendants
/
ORDER
This cause is before the Court on:
Dkt. 588

Unopposed Motion for Order Reinstating Stipulated
Motion for Final Judgment in Garnishment Nunc Pro Tunc

Plaintiff FTBB, LLC moves for an Order Reinstating Stipulated Motion for Final
Judgment in Garnishment Nunc Pro Tunc pursuant to Fed. R. Civ. P. 60(b)(6), the
Court’s inherent power, and in the interest of justice. Plaintiff FTBB, LLC asserts the
reason for FTBB’s withdrawal of the Motion was its good faith belief that its claim to the
interpled funds in the State Court Interpleader case was established, and was to be
litigated and determined by the State Court judge.
The Bankruptcy Court directed the Trustee to file an interpleader action in an
appropriate non-bankruptcy court on April 28, 2015, so that the parties may litigate their
competing claims to the final distribution in one convenient non-bankruptcy forum. (Dkt.
560-1). The Post-Confirmation Trustee filed an Interpleader action in State Court.
The Court notes the Stipulated Motion for Final Judgment in Garnishment (Dkt.
560), and the Notice of Withdrawal of the Stipulated Motion for Final Judgment in
Garnishment (Dkt. 564), which acknowledges that the State Court action seeks to

Case No. 8:09-CV-1841 -T-17MAP
interplead the disputed funds into the registry of the court, Case No. 15-CA-004Q75,
Division K, and further states that the Parties will re-file their Stipulated Motion for Final
Judgment in Garnishment in the State Court Interpleader action. The Court notes that
the funds, $72,918.00, were deposited into the registry of the State Court.

This Court expected that entitlement to the funds would be litigated to final
disposition in the State Court case. It is not clear to the Court why the parties are
litigating in two forums. Since the funds are in the registry of the State Court, the Court
doubts whether this Court can order disposition of the funds. Nevertheless, the Court
will grant the unopposed Motion for Order Reinstating Stipulated Motion for Final
Judgment in Garnishment Nunc Pro Tunc, in the interest of justice. Accordingly, it is

ORDERED that the Unopposed Motion for Order Reinstating Stipulated Motion
for Final Judgment in Garnishment Nunc Pro Tunc (Dkt. 588) is granted.

DONE and ORDERED in Chambers in Tampa, Florida on this ^ /^ a E&vof
March, 2017.

Copies to:
All parties

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