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PRATO v. HACIENDA DEL MAR

United States District Court, M.D. Florida, Fort Myers Division
Jun 22, 2011
Case No. 2:08-cv-883-FtM-29SPC (M.D. Fla. Jun. 22, 2011)

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.


Summaries of

PRATO v. HACIENDA DEL MAR

United States District Court, M.D. Florida, Fort Myers Division
Jun 22, 2011
Case No. 2:08-cv-883-FtM-29SPC (M.D. Fla. Jun. 22, 2011)
Case details for

PRATO v. HACIENDA DEL MAR

Case Details

Full title:GARY PRATO; JOANNE C. McMURRAY, Plaintiffs, v. HACIENDA DEL MAR, LLC a…

Court:United States District Court, M.D. Florida, Fort Myers Division

Date published: Jun 22, 2011

Citations

Case No. 2:08-cv-883-FtM-29SPC (M.D. Fla. Jun. 22, 2011)