Opinion
Case No. 2:08-cv-883-FtM-29SPC.
June 22, 2011
ORDER
This matter comes before the Court on Defendant, Hacienda Del Mar, LLC.'s Motion For Issuance of Writ of Garnishment After Judgment (Doc. #153) filed on June 17, 2011. The Defendant received a favorable judgment against the Plaintiffs, Gray Prato and JoAnne C. McMurray, in the amount of $353,549.00. On March 14, 2011, judgment was entered against the Plaintiff. In an an attempt to collect on the judgment, the Defendant now moves for a writ of garnishment against the named garnishees Berntsson, Ittersagen, Gunderson Waksler Wideikis, LP.
On April 14, 2011, the Plaintiff filed a Motion to Stay Execution of Judgment. (Doc. #142). The Motion to Stay Execution of Judgment contained a Fed.R.Civ.P. Rule 50, Rule 59, and Rule 60 request. Pursuant to Rule 62(b), a court "may stay the execution of a judgment — or any proceedings to enforce it — pending disposition" of such Motions. Fed.R.Civ.P. 62(b). In this instance, the Defendant's Motion for a Writ of Garnishment is contingent on the District Court's ruling on the Post-Judgment Motion to Stay Execution of Judgement (Doc. #142). Therefore, the Court cannot grant the requested relief until the District Court resolves the outstanding Motion for Stay of Execution.
Accordingly, it is now
ORDERED:
Motion For Issuance of Writ of Garnishment After Judgment (Doc. #153) is DENIED without prejudice. DONE AND ORDERED at Fort Myers, Florida.