Filed: Jan. 22, 2016
Latest Update: Jan. 22, 2016
Summary: ORDER CAROL MIRANDO , Magistrate Judge . This matter comes before the Court upon review of Answer of Garnishee and Demand for Garnishee Fee (Doc. 29), construed as a motion for payment of garnishee fee, filed on June 3, 2015. On March 13, 2015, the Clerk entered a Default Judgment in this case in favor of the Plaintiff and against the Defendant in the amount of $752,000.00. 1 Doc. 14. On April 23, 2015, this Court entered an Amended Ex Parte Order granting Plaintiff's Ex Parte Motion
Summary: ORDER CAROL MIRANDO , Magistrate Judge . This matter comes before the Court upon review of Answer of Garnishee and Demand for Garnishee Fee (Doc. 29), construed as a motion for payment of garnishee fee, filed on June 3, 2015. On March 13, 2015, the Clerk entered a Default Judgment in this case in favor of the Plaintiff and against the Defendant in the amount of $752,000.00. 1 Doc. 14. On April 23, 2015, this Court entered an Amended Ex Parte Order granting Plaintiff's Ex Parte Motion f..
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ORDER
CAROL MIRANDO, Magistrate Judge.
This matter comes before the Court upon review of Answer of Garnishee and Demand for Garnishee Fee (Doc. 29), construed as a motion for payment of garnishee fee, filed on June 3, 2015. On March 13, 2015, the Clerk entered a Default Judgment in this case in favor of the Plaintiff and against the Defendant in the amount of $752,000.00.1 Doc. 14. On April 23, 2015, this Court entered an Amended Ex Parte Order granting Plaintiff's Ex Parte Motion for Issuance of Writ of Garnishment as to Wells Fargo Bank, N.A. Doc. 24. The Court ordered Plaintiff to follow all provisions of Fla. Stat. §77.01 et seq. Id. at 2.
In accordance with Fla. Stat. §77.28, as amended effective July 1, 2014, garnishee Wells Fargo Bank, as successor in interest to Wachovia Bank, requests Plaintiff to pay garnishee's partial attorney's fee of $100.00. Fla. Stat. §77.28 provides, in part
Upon issuance of any writ of garnishment, the party applying for it shall pay $100 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 fee which the garnishee expends or agrees to expend in obtaining representation in response to the writ.
To the extent Plaintiff has not already done so, he must comply with Fla. Stat. §77.28, as previously ordered to do so. Doc. 24 at 2.
ACCORDINGLY, it is hereby
ORDERED:
Answer of Garnishee and Demand for Garnishee Fee (Doc. 29), construed as a motion for payment of garnishee fee, is GRANTED.
DONE and ORDERED.
