BLACH v. DIAZ-VERSON

Filing 353

ORDER granting 340 Motion for Disbursement of Funds; granting 345 Motion for Disbursement of Funds; granting 351 Amended Motion for Disbursement of Funds. The motions are granted to the extent set forth in the Order. Ordered by US DISTRICT JUDGE CLAY D LAND on 05/25/2018. (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 Nos. 340 & 351).
pending

before

the

Court

is

the

Motion

Plaintiff Harold Blach (ECF No. 345).

for

Also

Disbursement

of

Both motions are granted

to the extent set forth below.
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 Plaintiff Harold Blach, another Diaz-Verson

judgment creditor.

The outstanding principal balance of Frey’s

judgment is now $14,813.21.1
Blach

filed

a

garnishment

against

Diaz-Verson’s

former

employer, Garnishee AFLAC, Inc., on March 14, 2018 (ECF No.
319).

In

response

to

that

garnishment,

$16,307.76 into the Court’s registry.

AFLAC

deposited

Frey as Trustee made a

third party claim to the entire $16,307.76 of garnished funds
and filed a motion for disbursement of the funds.

Blach objects

to the disbursement to the extent it seeks more than the amount
of the outstanding balance of Frey’s judgment.

Frey amended his

motion

disbursement

for

disbursement

and

now

only

seeks

of

principal in the amount of $14,813.21 plus $3.29 in interest per
day until payment is received, which Frey estimates will be
about

twenty-six

timeline

for

days.

past

Based

on

disbursements

the
in

Court’s

this

review

action,

of

the

the

Court

concurs with this estimate, and Frey’s motion for disbursement
(ECF Nos. 340 & 351) is granted.
disbursement

of

any

funds

remaining

1

Blach filed a motion for
in

the

Court’s

registry

The Court calculated Frey’s outstanding principal balance as
$33,663.37 as of April 27, 2018. Order Granting Mot. for Disbursement
(Apr. 27, 2018), ECF No. 340.
Frey contends that the outstanding
principal balance as of April 27, 2018 was actually $34,595.51 because
he did not receive the April 2, 2018 disbursement checks until April
24, 2018.
The Court accepts this argument and finds that the
outstanding principal balance as of April 27, 2018 was $34,595.51. On
May 18, 2018, the Clerk mailed Frey a check in accordance with the
Court’s April 27, 2018 Order of Disbursement. Frey received the check
for $20,005.25 on May 23, 2018. The outstanding principal balance of
his judgment is now $14,813.21.

2

following the final disbursement to Frey.

That motion (ECF No.

345) 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 $14,905.38 of the March 14, 2018
garnishment.

The Clerk is further instructed to enter judgment

in favor of Plaintiff Harold Blach with regard to the remaining
$1,402.38 of the March 14, 2018 garnishment.

Fourteen days from

the date of today’s Order, the Clerk shall disburse $14,905.38
to Frey as Trustee and $1,402.38 (plus any interest earned on
that amount while the funds were in the Court’s registry) to
Blach, unless any party files a notice of appeal relating to
today’s rulings before that date.

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 25th day of May, 2018.
S/Clay D. Land
CLAY D. LAND
CHIEF U.S. DISTRICT COURT JUDGE
MIDDLE DISTRICT OF GEORGIA

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