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

Filing 872

ORDER: The Report and Recommendation 865 of the Magistrate Judge is adopted, confirmed, and approved in all respects. FTBB, LLC's Second Motion for Summary Judgment on Travelers' Second Writ of Garnishment of Bing Kearney's US AmeriBank IRA Account 805 is DENIED. Bing Charles W. Kearney's Motion for Summary Judgment Finding IRA Funds Maintained in US AmeriBank Account Ending -1122 Exempt from Garnishment Pursuant to § 222.21, Florida Statutes 811 is DENIED. Travelers' Motion for Final Summary Judgment in Garnishment as to the IRA Account 815 is GRANTED in part and DENIED in part as described in the Report and Recommendation 865 . The subject USAmeriBank Account Ending in -1122 is not exempt from garnishment pursuant to Florida Statute § 222.21(2)(a). Signed by Judge James S. Moody, Jr. on 9/21/2017. (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,
et al.,
Defendants.
___________________________________/

ORDER
THIS CAUSE came on for consideration upon the Report and Recommendation
submitted by Magistrate Judge Thomas B. McCoun, III (Dkt. 865), FTBB, LLC’s Objections
(Dkt. 869), Travelers Casualty & Surety Company of America’s Response in Opposition to
FTBB, LLC’s Objections (Dkt. 870), and Defendant Bing Charles W. Kearney’s Objections
(Dkt. 871).
After careful consideration of the Report and Recommendation of the Magistrate
Judge, the Response, and Objections, 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 that:

Page 1 of 2

1.

The Report and Recommendation (Dkt. 865) 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.

FTBB, LLC’s Second Motion for Summary Judgment on Travelers’ Second
Writ of Garnishment of Bing Kearney’s US AmeriBank IRA Account (Dkt.
805) is DENIED.

3.

Bing Charles W. Kearney’s Motion for Summary Judgment Finding IRA
Funds Maintained in US AmeriBank Account Ending -1122 Exempt from
Garnishment Pursuant to § 222.21, Florida Statutes (Dkt. 811) is DENIED.

4.

Travelers’ Motion for Final Summary Judgment in Garnishment as to the IRA
Account (Dkt. 815) is GRANTED in part and DENIED in part as described in
the Report and Recommendation (Dkt. 865).

5.

The subject USAmeriBank Account Ending in -1122 is not exempt from
garnishment pursuant to Florida Statute § 222.21(2)(a).

DONE and ORDERED in Tampa, Florida on September 21, 2017.

Copies Furnished to:
Counsel/Parties of Record

Page 2 of 2