PAINE
v.
VANELLA
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The plaintiff sought appointment of a special process server to execute on a favorable jury verdict, but the court denied the motion as premature because the plaintiff had not yet filed for a writ of execution or garnishment.
The motion for appointment of a special process server was denied without prejudice because it was premature, as the plaintiff had not yet moved for issuance of a writ of execution or garnishment. Such a request should be included in the motion that requests issuance of a post-judgment writ.
“Because Plaintiff has not yet initiated proceedings supplementary to and in aid of judgment, her request is premature.”
Establishes the primary reason for denial—the motion was brought at the wrong procedural stage.
Previewing 1 of 2 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceAfter a jury trial, final judgment was entered in favor of plaintiff Sonia Paine against defendants Sebastian Vanella and Paz Consuelo Estol Leuenberg…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Writ Of Garnishment cases and more on FLexlaw
This matter is before the Court without oral argument on Plaintiff Sonia Paine's Unopposed Motion for Appointment of a Process Server (Dkt. 152). A response is unnecessary.
A final judgment was entered in Plaintiff's favor and against Defendants, Sebastian Vanella; and Paz Consuelo Estol Leuenberg, after a jury trial. Dkt. 150. Plaintiff now moves for an order appointing a special process server because she “anticipates efforts to execute upon" the final judgment and of the limited resources and time constrains of the U.S. Marshals Service. Dkt. 152. Plaintiff has not, however, moved for issuance of a writ of execution or writ of garnishment.
Because Plaintiff has not yet initiated proceedings supplementary to and in aid of judgment, her request is premature. It should be included in the motion that requests issuance of a writ of execution or garnishment. See Sumner v. Garner, No. 6:18-cv-40, 2019 WL 6716193, at *1 (M.D. Fla. Dec. 9, 2019) (granting request for appointment of a special process server that was made in a motion for issuance of a post-judgment writ of garnishment).
Accordingly, it is ORDERED that Plaintiff's Unopposed Motion for Appointment of a Process Server (Dkt. 152) is DENIED without prejudice.
DONE and ORDERED in Orlando, Florida, on May 30, 2025.
ROBERT M. NORWAY United States Magistrate Judge
Copies to: Counsel of Record
- 2 -
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Paine v. Vanella (M.D. Fla. 2025)…se Plaintiff has not yet initiated proceedings supplementary to and in aid of judgment, her request is premature. It should be included in the motion that requests issuance of a writ of execution or garnishment. See Sumner v. Garner, No. 6:18-cv-40, 2019 WL 6716193, at *1 (M.D. Fla. Dec. 9, 2019) (granting request for appointment of a special process server that was made in a motion for issuance of a post-judgment writ of garnishment). Accordingly, it is ORDERED that Plaintiff's Unopposed Motion for Ap…
-
Salazar Mora v. Venegas (S.D. Fla. 2025)…Countrywide Process Server, 12250 SW 132 Ct., Miami, Florida, who is otherwise legally permitted to effectuate service of process under applicable law, to serve the writ of garnishment on the garnishee”); Sumner v. Garner, No. 6:18-CV-40-ORL-28GJK, 2019 WL 6716193, at *1 (M.D. Fla. Dec. 9, 2019) (The Federal Rules allow appointment of a special process server to serve a writ of garnishment" and therefore “the request to appoint a special process server will be granted”); Orso as Tr. to Bell v. Morey, No. 8:21…
Authorities Cited
- Paine v. Vanella (M.D. Fla. 2025)