Filed: Dec. 20, 2017
Latest Update: Dec. 20, 2017
Summary: ORDER AMANDA ARNOLD SANSONE , Magistrate Judge . Zurich American Insurance Company ("Zurich") moves for issuance of a writ of garnishment on a judgment obtained against G&S Leasing Group, VI, Inc. (Doc. 221). That judgment (Doc. 178) is on appeal. (Doc. 248). Pursuant to Fed. R. Civ. P. 69(a), "[t]he procedure on execution—and in proceedings supplementary to and in aid of judgment or execution—must accord with the procedure of the state where the court is located, but a federal statute go
Summary: ORDER AMANDA ARNOLD SANSONE , Magistrate Judge . Zurich American Insurance Company ("Zurich") moves for issuance of a writ of garnishment on a judgment obtained against G&S Leasing Group, VI, Inc. (Doc. 221). That judgment (Doc. 178) is on appeal. (Doc. 248). Pursuant to Fed. R. Civ. P. 69(a), "[t]he procedure on execution—and in proceedings supplementary to and in aid of judgment or execution—must accord with the procedure of the state where the court is located, but a federal statute gov..
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ORDER
AMANDA ARNOLD SANSONE, Magistrate Judge.
Zurich American Insurance Company ("Zurich") moves for issuance of a writ of garnishment on a judgment obtained against G&S Leasing Group, VI, Inc. (Doc. 221). That judgment (Doc. 178) is on appeal. (Doc. 248).
Pursuant to Fed. R. Civ. P. 69(a), "[t]he procedure on execution—and in proceedings supplementary to and in aid of judgment or execution—must accord with the procedure of the state where the court is located, but a federal statute governs to the extent it applies." Under Florida law, garnishment is governed by Fla. Stat. § 77.01, et. seq. The statute provides:
Every person or entity who has sued to recover a debt or has recovered judgment in any court against any person or entity has a right to a writ of garnishment, in the manner hereinafter provided, to subject any debt due to defendant by a third person or any debt not evidenced by a negotiable instrument that will become due absolutely through the passage of time only to the defendant by a third person, and any tangible or intangible personal property of defendant in the possession or control of a third person.
Fla. Stat. § 77.01.
"After judgment has been obtained against defendant but before the writ of garnishment is issued, the plaintiff, the plaintiff's agent or attorney, shall file a motion (which shall not be verified or negative defendant's exemptions) stating the amount of the judgment." Fla. Stat. § 77.03., "[A] debt, to be subject to garnishment, must be due absolute and without contingency." Tomlin v. Anderson, 413 So.2d 79, 82 (Fla. 5th Dist. Ct. App. 1982) (citing Cobb v. Walker, 198 So. 324 (1940)). "If there is anything contingent or to be done by a person before the liability of another becomes fixed, there is not such an `indebtedness due' as contemplated by the statute to which a writ of garnishment can apply." Id. (citing West Fla. Grocery Co. v. Teutonia Fire Ins. Co., 77 So. 209 (1917)). Thus, the Court will not proceed with enforcing a judgment that remains subject to appellate review. See Rossi v. Billmyre, No. 215-CV-180-FTM-29MRM, 2017 WL 3131103, at *2 (M.D. Fla. July 24, 2017); Florida Steel Corp. v. A. G. Spanos Enters, Inc., 332 So.2d 663, 664 (Fla. 2d Dist. Ct. App. 1976).
Accordingly, it is ORDERED that Zurich's Fourth Motion for Writ of Garnishment After Judgment (Doc. 221) is DENIED without prejudice.
ORDERED.
