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

Filing 831

ORDER adopting 828 Report and Recommendations. Judgment is entered in favor of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA and against FTBB, LLC as to Count II of the Amended Complaint in Execution of Judgment against FTBB, LLC 591 . Th e purported assignment of Regions' priority lien position to the USAmeriBank garnished funds to FTBB, LLC is hereby VOIDED. FTBB, LLC is prohibited from asserting a priority lien position to the USAmeriBank garnished funds in any pending collec tion action, including this case and the Regions case (case number 8:09-cv-1841-T-17MAP). TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, as against FTBB, LLC, is GRANTED a superior lien position to the USAmeriBank funds. Signed by Judge James S. Moody, Jr. on 3/9/2017. (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, BRIAN W. SEEGER,
ISLEWORTH GOLF & COUNTRY
CLUB, INC. and OLD MEMORIAL
CLUB, INC.,
Defendants.

ORDER
THIS CAUSE came on for consideration upon the Report and Recommendation
submitted by Magistrate Judge Thomas B. McCoun III (Dkt. #828), the Objection filed by
FTBB, LLC (Dkt. #829), and FTBB, LLC’s Request for Oral Argument (Dkt. #830). The
Court has carefully reviewed the Report and Recommendation, FTBB, LLC’s Objection,
and the record, and concludes that oral argument is unnecessary.

After careful

consideration of the Magistrate Judge’s Report and Recommendation and FTBB, LLC’s
Objection to same, 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 as follows:
1.

The Report and Recommendation (Dkt. #828) 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.

Judgment is entered in favor of TRAVELERS CASUALTY AND SURETY

COMPANY OF AMERICA and against FTBB, LLC as to Count II of the Amended
Complaint in Execution of Judgment against FTBB, LLC (Dkt. #591).
3.

The purported assignment of Regions’ priority lien position to the

USAmeriBank garnished funds to FTBB, LLC is hereby VOIDED.
4.

FTBB, LLC is prohibited from asserting a priority lien position to the

USAmeriBank garnished funds in any pending collection action, including this case and
the Regions case (case number 8:09-cv-1841-T-17MAP).
5.

TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA,

as against FTBB, LLC, is GRANTED a superior lien position to the USAmeriBank funds.
DONE and ORDERED in Tampa, Florida, this 9th day of March, 2017.

Copies Furnished To:
Counsel/Parties of Record

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