Orso v. Helmuth
ORDER granting 8 Motion for Appointment of a Process Server. Signed by Magistrate Judge Anthony E. Porcelli on 11/18/2021. (JMF)
Case 8:21-mc-00113-SDM-AEP Document 9 Filed 11/18/21 Page 1 of 2 PageID 48
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
MATTHEW ORSO IN HIS CAPACITY
RECEIVER FOR REX VENTURE
Case No. 8:21-mc-113-SDM-AEP
This matter comes before the Court on Plaintiff’s Motion for Writ of
Garnishment (Doc. 3). A judgment in the amount of $2,973.24 was entered in the
action between the parties on August 14, 2017 in the District Court for the Western
District of North Carolina, Charlotte Division, which was subsequently registered
in the District Court for the Middle District of Florida on September 17, 2021 (Doc.
1). See 28 U.S.C. § 1963. According to Plaintiff, the judgment, plus post-judgment
interest, remains unsatisfied. Plaintiff believes that Defendant may have tangible
assets in the possession or control of the Garnishee Sunrise Bank, and, by the instant
motion, now requests that the Court issue a writ of garnishment directed to
Garnishee Sunrise Bank to recover on the outstanding judgment.
Pursuant to Rule 69, Federal Rules of Civil Procedure, the Court must follow
state law regarding execution of a judgment unless a federal statute governs. Fed.
Case 8:21-mc-00113-SDM-AEP Document 9 Filed 11/18/21 Page 2 of 2 PageID 49
R. Civ. P. 69(a)(1). Florida Statutes § 77.01 allows recovery of a money judgment
via a writ of garnishment. The Court therefore may enforce the judgment through
a writ of garnishment pursuant to Florida law. Upon consideration, the Court finds
good cause to grant the motion. Accordingly, it is hereby
Plaintiff’s Motion for Writ of Garnishment (Doc. 3) is GRANTED.
The Clerk is hereby directed to issue a Writ of Garnishment upon
Garnishee Sunrise Bank.
As Defendant Steven Helmuth is an individual, the Clerk is hereby
directed to attach the required notice to Defendant Steven Helmuth pursuant to
Florida Statutes § 77.041(1) to the writ of garnishment.
DONE AND ORDERED in Tampa, Florida, on this 17th day of November,
Counsel of Record
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