First Am. Title Co. v. Royalty Aviation, Inc.

Full title: FIRST AMERICAN TITLE COMPANY, Plaintiff, v. ROYALTY AVIATION, INC., JAMES…

Court: UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA OCALA DIVISION

Date published: Oct 5, 2015

Case No: 5:15-cv-146-Oc-30PRL (M.D. Fla. Oct. 5, 2015)

Opinion

Case No: 5:15-cv-146-Oc-30PRL

10-05-2015

FIRST AMERICAN TITLE COMPANY, Plaintiff, v. ROYALTY AVIATION, INC., JAMES BOZZUTO and STEVEN BOZZUTO Defendants.

PHILIP R. LAMMENS United States Magistrate Judge

ORDER

Before the Court is Plaintiff First American Title Company's motion for issuance of a writ of garnishment directed to JP Morgan Chase Bank. (Doc. 33).

On May 26, 2015, a final default judgment was entered in favor of Plaintiff and against Defendants Royal Aviation, Inc., James Bozzuto, and Steven Bozzuto. (Doc. 15). Plaintiff now moves for a writ of garnishment to satisfy the outstanding judgment in the amount of $190,343.86, the full amount of which remains due and owing. Plaintiff believes that Defendants maintain one or more accounts with JP Morgan Chase Bank.

Pursuant to Fed. R. Civ. P. 64, the Court must follow state law with regard to garnishment procedures. See Fed. R. Civ. P. 64. Chapter 77 of the Florida Statutes prescribes the procedure for issuance and enforcement of writs of garnishment. To obtain a writ of garnishment after judgment, Plaintiff is required to file a motion stating the amount of the judgment. See Fla. Stat. § 77.03. Plaintiff satisfied this requirement in its motion for the issuance of writ of garnishment to JP Morgan Chase Bank. (Doc. 33).

After a writ of garnishment is issued, Chapter 77 requires two separate notices in connection with the garnishment proceeding. If a defendant is an individual, subsection 77.041(1) requires notice to the defendant and prescribes the exact language of a "Notice to Defendant of Right against Garnishment of Wages, Money, and Other Property." See Fla. Stat. § 77.041(1). In addition, subsection 77.041(2) requires that a plaintiff comply with additional notice requirements in regard to the defendants.

Accordingly, upon due consideration, Plaintiff's Motion for Writ of Garnishment (Doc. 33) is GRANTED. In addition, I grant Plaintiff's request to appoint, under Fed. R. Civ. P. 4.1(a), Ashton & Associates, Inc., 1600 N. Orange Avenue, Orlando, FL 32804 to serve the Writ of Garnishment upon the Garnishee. Plaintiff is reminded that it must fully comply with all notice requirements of § 77.041, Florida Statutes.

DONE and ORDERED in Ocala, Florida on October 5, 2015.

/s/_________

PHILIP R. LAMMENS

United States Magistrate Judge
Copies furnished to: Counsel of Record
Unrepresented Parties