Kearney Construction Company, LLC v. Travelers Casualty and Surety Company of America

Filing 719

ORDER: The Report and Recommendation 711 of the Magistrate Judge is adopted, confirmed, and approved in all respects. Travelers' Motion for Summary Judgment in Garnishment Overruling Exemption and Joint Account 628 is GRANTED in part and DENIED in part. Travelers' Motion for Summary Judgment in Garnishment as to Claims of FTBB, LLC, and Moose Investments of Tampa, LLC 643 is GRANTED in part and DENIED in part. Interested Parties' Motion for Summary Judgment 634 is DENIED. FTBB, LLC's Motion for Summary Judgment 644 is DENIED. Bing Charles W. Kearney's Motion for Summary Judgment 645 is DENIED. Moose Investments and FTBB's Motion to Dissolve Second Writ of Garnishment 595 is DENIED.Bing Charles W. Kearney's Motion to Dissolve Second Writ of Garnishment 596 is DENIED; and Interested Parties' Motion to Dissolve Second Writ of Garnishment 597 is DENIED. Signed by Judge James S. Moody, Jr on 4/8/2016. (LN)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
KEARNEY CONSTRUCTION
COMPANY, LLC,
Plaintiff,
v.

Case No: 8:09-cv-1850-T-30TBM

TRAVELERS CASUALTY AND
SURETY COMPANY OF AMERICA,
FLORIDA SOIL CEMENT, LLC,
FLORIDA TRUCKING CO., INC.,
ALAN PAYNE and BRIAN W. SEEGER,
Defendants.

ORDER
THIS CAUSE came on for consideration upon the Report and Recommendation
submitted by Magistrate Judge Thomas B. McCoun III (Dkt. #711) and the Objection (Dkt.
#718) filed thereto.
After careful consideration of the Report and Recommendation of the Magistrate
Judge, the Objection, and in conjunction with an independent examination of the file, the
Court is of the opinion that the Magistrate Judge's Report and Recommendation should be
adopted, confirmed, and approved in all respects.
ACCORDINGLY, it is therefore, ORDERED AND ADJUDGED:
1.

The Report and Recommendation (Dkt. #711) of the Magistrate Judge is

adopted, confirmed, and approved in all respects and is made a part of this order for all
purposes, including appellate review.

2.

Travelers’ Motion for Summary Judgment in Garnishment Overruling

Exemption and Joint Account (Dkt. #628) is GRANTED in part and DENIED in part.
3.

Travelers’ Motion for Summary Judgment in Garnishment as to Claims of

FTBB, LLC, and Moose Investments of Tampa, LLC (Dkt. #643) is GRANTED in part
and DENIED in part.
4.

Interested Parties’ Motion for Summary Judgment (Dkt. #634) is DENIED.

5.

FTBB, LLC’s Motion for Summary Judgment (Dkt. #644) is DENIED.

6.

Bing Charles W. Kearney’s Motion for Summary Judgment (Dkt. #645) is

DENIED.
7.

Moose Investments and FTBB’s Motion to Dissolve Second Writ of

Garnishment (Dkt. #595) is DENIED.
8.

Bing Charles W. Kearney’s Motion to Dissolve Second Writ of Garnishment

(Dkt. #596) is DENIED; and
9.

Interested Parties’ Motion to Dissolve Second Writ of Garnishment (Dkt.

#597) is DENIED.
DONE and ORDERED in Tampa, Florida, this 8th day of April, 2016.

Copies Furnished To:
Counsel/Parties of Record
S:\Even\2009\09-cv-1850 adopt 711.docx

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