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

Filing 908

ORDER: The Report and Recommendation (Dkt. 894) 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. (See Order for more details.) Signed by Judge James S. Moody, Jr. on 2/7/2018. (SMB)

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,
Defendant,
v.
KEARNEY CONSTRUCTION COMPANY,
LLC, et al.,
Third Party Defendants,
v.
USAMERIBANK,
Garnishee.
____________________________/
ORDER
THIS CAUSE came on for consideration upon the Report and Recommendation
submitted by Magistrate Judge Thomas B. McCoun, III (Dkt. 894). Objections to the
Report and Recommendation were filed on February 6, 2018, by Defendant Bing Charles
W. Kearney (Dkt. 901) and Interested Parties’ Tonya Kearney, Bryan Kearney, Clayton
Kearney, and Charles W. Kearney (Dkt. 902).

After careful consideration of the Report and Recommendation of the Magistrate
Judge, the Objections to the Report and Recommendation, and 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:
1.

The Report and Recommendation (Dkt. 894) 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 Casualty & Surety Company of America’s Motion for Final

Judgment in Garnishment as to the IRA Account (Dkt. 874), as orally amended at hearing
to include all seven accounts, is GRANTED.
3.

Final Judgment of Garnishment in favor of Travelers Casualty & Surety

Company of America and against the garnishee USAmeriBank should be issued for the
amounts in the accounts ending in -0056, -3695, -0129, -0302, -0020, -7939, and -1122, in
the total amount of $1,158,037.38, subject to offset for USAmeriBank’s statutory
attorney’s fees.
4.

Jurisdiction is retained by this Court to determine USAmeriBank’s claim for

statutory attorney’s fees and costs.
5.

Disbursement of the funds held by USAmeriBank are deferred, pending

resolution of USAmeriBank’s claim for statutory attorney’s fees.
6.

Mr. Kearney’s ore tenus request for a stay of disbursement or enforcement

of the Final Judgment pending his appeal concerning the IRA Account is DENIED

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WITHOUT PREJUDICE. Such request may be renewed if and when Mr. Kearney files a
notice of appeal.
7.

The Renewed Requests for Release of Garnished Funds in USAmeriBank

Joint Accounts (Dkts. 903, 904, 905, 906) are DENIED AS MOOT.
DONE and ORDERED in Tampa, Florida, this 7th day of February, 2018.

Copies Furnished To:
Counsel/Parties of Record

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