Marseilles Capital, LLC v. Gerova Financial Group, Ltd

Filing 73

ORDER granting 61 Garnishee Bank of America's Motion for Attorney Fees. Clerk of Court is directed to disburse $100 from the registry of the Court to Garnishee Bank of America, N.A., payable to Haley & Associates, P.A. Signed by Judge James I. Cohn on 6/24/2011. (awe)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
Case No. 10-81294-CIV-COHN-SELTZER
MARSEILLES CAPITAL, LLC,
Plaintiff,
v.
GEROVA FINANCIAL GROUP, LTD.,
a Cayman Islands corporation,
Defendant.
____________________________________/
ORDER GRANTING MOTION FOR ATTORNEY’S FEES
THIS CAUSE is before the Court on Garnishee Bank of America, N.A.’s (“Bank
of America’s”) Motion for Attorney’s Fees [DE’s 56, 61]. The Court has considered the
motion, Plaintiff Marseilles Capital, LLC’s Response [DE 69], and the record in this
case, and is otherwise advised in the premises.
On May 12, 2011, the Court granted Plaintiff’s Motion for Final Summary
Judgment [DE 48] and entered Final Judgment in favor of Plaintiff [DE 49]. On May 27,
2011, Plaintiff filed a Motion to Issue Writ of Garnishment [DE 50] and Writ of
Garnishment against Bank of America [DE 51].
On June 2, 201, Bank of America filed its Answer to Writ of Garnishment [DE
56]. In the Answer, Bank of America demanded “the statutory partial deposit from the
Clerk of the court payable to Haley & Associates, P.A., as compensation to be applied
toward Garnishee’s reasonable attorneys’ fee.” DE 56 at 2. The same day, the Clerk
of Court converted the demand into a Motion for Attorney’s Fees [DE 61]. Plaintiff’s
Response to the motion represents that Plaintiff “has no objection to Bank of America

recovering the $100 deposit as compensation for its attorneys’ fee.” DE 69 at 2.
Pursuant to Florida Statutes § 77.28, the $100 Plaintiff deposited in the registry
of the Court “shall be paid to the garnishee on the garnishee’s demand at any time after
the service of the writ for the payment or part payment of his or her attorney’s fee which
the garnishee expends . . . in obtaining representation in response to the writ.” Fla.
Stat. § 77.28. Consequently, Bank of America is entitled to payment of the $100
deposited with the registry of the Court. Accordingly, it is hereby
ORDERED AND ADJUDGED that Garnishee Bank of America, N.A.’s (“Bank of
America’s”) Motion for Attorney’s Fees [DE’s 56, 61] is GRANTED. The Clerk of Court
is hereby DIRECTED to disburse $100 from the registry of the Court to Garnishee Bank
of America, N.A., payable to Haley & Associates, P.A.
DONE AND ORDERED in Chambers at Fort Lauderdale, Broward County,
Florida, on this 24th day of June, 2011.

Copies provided to:
Counsel of record via CM/ECF