Fifth Third Bank v. Windhaven Shores, Inc. et al

Filing 68

ORDER: The Court has reviewed the Report and Recommendation (Doc. No. 66 ) and finds it should be ADOPTED and APPROVED. Accordingly, 1. Defendant/judgment debtor France E. Williams' motion to quash garnishment/execution (Doc. No. 63 ) is GRANT ED. 2. The writ of execution directed to Regions Bank (Doc. No. 61 ) is hereby QUASHED and DISSOLVED. 3. Counsel for defendant/judgment debtor Frances E. Williams shall file a notice providing the payee information address to which the check should be sent. After this information is received, the Court will issue a separate order directing the Clerk of Court to release the funds to Ms. Williams. It is so ORDERED. Signed by District Judge William L. Campbell, Jr on 11/9/2023. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(af)

IN THE UNITED STATES DISTRICT COURT FOR THE
MIDDLE DISTRICT OF TENNESSEE
NASHVILLE DIVISION
BELAY CAPITAL PARTNERS 1, LLC
as successor by assignment to FIFTH
THIRD BANK,
Plaintiff,
v.
WINDHAVEN SHORES, INC., et al.,
Defendants.

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NO. 3:10-cv-00034
JUDGE CAMPBELL
MAGISTRATE JUDGE HOLMES

ORDER
Pending before the Court is defendant/judgment debtor Frances Williams’ Motion to Quash
Garnishment / Execution and Claim Exemption Rights. (Doc. No. 63). The motion was referred to
the Magistrate Judge. (See Order, Doc. No. 64). Because no timely response was filed to the
motion to quash, the Magistrate Judge recommended the motion to quash be granted. (See Report
and Recommendation, Doc. No. 66).
The Report and Recommendation advised that any objections to the Magistrate Judge’s
Report and Recommendation were to be filed within fourteen days of service. (Doc. No. 66 at 5).
No objections have been filed.
The Court has reviewed the Report and Recommendation (Doc. No. 66) and finds it should
be ADOPTED and APPROVED. Accordingly,
1. Defendant/judgment

debtor

France

E.

Williams’

motion

to

quash

garnishment/execution (Doc. No. 63) is GRANTED.
2. The writ of execution directed to Regions Bank (Doc. No. 61) is hereby QUASHED
and DISSOLVED.

3. Counsel for defendant/judgment debtor Frances E. Williams shall file a notice
providing the payee information address to which the check should be sent. After this
information is received, the Court will issue a separate order directing the Clerk of
Court to release the funds to Ms. Williams.
It is so ORDERED.

___________________________________
WILLIAM L. CAMPBELL, JR.
UNITED STATES DISTRICT JUDGE

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