BLACH v. DIAZ-VERSON

Filing 341

ORDER granting 330 Motion for Disbursement of Funds. Ordered by US DISTRICT JUDGE CLAY D LAND on 04/27/2018. (CCL)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
COLUMBUS DIVISION
HAROLD BLACH,

*

Plaintiff,

*

ROBERT FREY, REGENCY REALTY,
LLC, and ROBERT FREY, TRUSTEE,

*
*

Third Party Claimants,
*
vs.

CASE NO. 4:15-MC-5 (CDL)
*

AFLAC, INC.,
*
Garnishee,
*
SAL DIAZ-VERSON,
*
Defendant.
*
O R D E R
Presently

pending

before

the

Court

is

the

Motion

for

Disbursement of Third Party Claimant Robert Frey as Trustee of
the Robert J. Frey Living Trust (ECF No. 330).

The motion is

granted.1
The Court previously concluded that Frey as Trustee holds a
valid judgment against Frey’s former client, Defendant Sal-Diaz
Verson.

Order Granting Mots. for Disbursement (Mar. 14, 2018),

ECF No. 321.

The Court also concluded that Frey’s judgment is

superior to that of Harold Blach, another Diaz-Verson judgment

1

Frey as Trustee filed another Motion for Reimbursement on April 26,
2018 (ECF No. 340). That motion is not yet ripe.

creditor.

The outstanding principal balance of Frey’s judgment

is approximately $33,663.37.2
Blach

filed

garnishments

against

Diaz-Verson’s

former

employer, Garnishee AFLAC, Inc., on January 16, 2018 (ECF No.
285) and February 14, 2018 (ECF No. 310).
garnishments,
registry.

AFLAC

Frey

as

deposited
Trustee

In response to those

$19,979.74

made

third

into

party

the
claims

garnished funds and filed a motion for disbursement.

Court’s
to

the

No one

filed an opposition to the motion, and the motion is granted.
The Clerk is instructed to enter judgment in favor of Third
Party Claimant Robert Frey as Trustee of the Robert J. Frey
Living Trust with regard to these two garnishments.

Fourteen

days from the date of today’s Order, the Clerk shall disburse
$19,979.74, plus any interest earned on that amount while the
funds were in the Court’s registry, to Frey as Trustee, unless
any party files a notice of appeal relating to today’s rulings
before that date.

Once the funds are disbursed, the Clerk shall

enter a Certification of Disbursement on the docket stating the
amount of the disbursement and when it was mailed.

And once

Frey as Trustee receives the funds, he shall file an amended

2

The principal balance was $219,982.78.
On March 31, 2018, the
accrued interest totaled $39,230.62, so the total amount due as of
that date was $259,213.40.
On April 2, 2018, the Clerk mailed Frey
checks totaling $225,791.13. Certification of Disbursement of Funds,
ECF No. 336.
Assuming those checks were received on April 5, 2018,
$39,471.72 should have been applied to accrued interest and
$186,319.41 to principal.

2

Notice

of

Third

Party

Claim

with

the

updated

outstanding

principal balance of his judgment, as well as an amended motion
for disbursement of the funds deposited pursuant to the March
14, 2018 garnishment application, if appropriate.

Any party

seeking a stay pending an appeal of today’s rulings shall file a
motion with citation to applicable authority with the notice of
appeal.
IT IS SO ORDERED, this 27th day of April, 2018.
s/Clay D. Land
CLAY D. LAND
CHIEF U.S. DISTRICT COURT JUDGE
MIDDLE DISTRICT OF GEORGIA

3