Gottlieb & Gottlieb, P.A. v. Crants

Filing 86

ORDER granting 85 Unopposed Motion for Order Requiring Defendant to Complete a Form 1.977(a), Fla. R. Civ. P., Fact Information Sheet. See Order for details. Signed by Judge Virginia M. Hernandez Covington on 3/16/2016. (DRW)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
GOTTLIEB & GOTTLIEB, P.A.,
Plaintiff,
v.

Case No. 8:14-cv-895-T-33MAP

DOCTOR R. CRANTS,
Defendant.
_____________________________/
ORDER
This matter comes before the Court in consideration of
Plaintiff Gottlieb & Gottlieb, P.A.’s Unopposed Motion for
Order Requiring Defendant to Complete a Form 1.977(a), Fla.
R. Civ. P., Fact Information Sheet. (Doc. # 85). The Court
grants the Motion.
The Court notes that Defendant Doctor R. Crants filed a
notice of appeal on February 11, 2016. (Doc. # 83). The
general rule is that “[t]he filing of an appeal is an event
of jurisdictional significance—it confers jurisdiction on the
court of appeals and divests the district court of its control
over those aspects of the case involved in the appeal.” Green
Leaf Nursery v. E.I. DuPont de Nemours & Co., 341 F.3d 1292,
1309 (11th Cir. 2003) (internal citations omitted). However,
"[t]he district court retains . . . the authority to act . .

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. to aid in the execution of a judgment that has not been
superseded." Showtime/The Movie Channel, Inc. v. Covered
Bridge Condo. Ass’n, 895 F.2d 711, 713 (11th Cir. 1990). The
judgment in this case has not been superseded.
Furthermore,

Federal

prescribes

that

the

proceedings

supplementary

Rule

of

“procedure
to

and

Civil
on

in

Procedure

69

execution—and

in

aid

of

judgment

or

execution—must accord with the procedure of the state where
the court is located . . . .” Fed. R. Civ. P. 69(a)(1). Rule
69 also allows a judgment creditor to “obtain discovery from
any person—including the judgment debtor—as provided in these
rules or by the procedure of the state where the court is
located.” Fed. R. Civ. P. 69(a)(2). Florida Rule of Civil
Procedure 1.560(b), in turn, states that a court shall, upon
the request of the judgment creditor, order a judgment debtor
to complete Form 1.977, including all required attachments,
within 45 days or such other reasonable time as determined by
the court.
Therefore,

the

Court

grants

Plaintiff's

Motion.

Defendant shall complete the Form 1.977 Fact Information
Sheet, including any attachments, and serve Plaintiff with
the same by May 16, 2016.
Accordingly, it is

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ORDERED, ADJUDGED, and DECREED:
(1)

Plaintiff’s

Unopposed

Motion

for

Order

Requiring

Defendant to Complete a Form 1.977(a), Fla. R. Civ.
P., Fact Information Sheet (Doc. # 85) is GRANTED.
(2)

Defendant shall complete the Form 1.977 Fact Information
Sheet, including any attachments, and serve Plaintiff
with the same by May 16, 2016.
DONE and ORDERED in Chambers in Tampa, Florida, this

16th day of March, 2016.

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