Discovery In Aid Of Execution

67 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Gen. Trading Inc. v. Yale Materials Handling Corp.
  119 F.3d 1485· 11th Cir.· 1997-08-22 ·cited 63×
  The Eleventh Circuit affirmed the magistrate judge's finding that the parties consented to his authority, vacated the magistrate judge's determination that a transfer to Power Depot was not fraudulent, and reversed the magistrate judge's finding that Yale filed an involuntary ban
• In re Amendments to the Florida Rules of Civil Procedure
  131 So. 3d 643· Fla.· 2013-11-14 ·cited 30×
  The Florida Supreme Court adopted proposed amendments to multiple Florida Rules of Civil Procedure and associated forms, including new rule 1.451 authorizing testimony by audio or video communication equipment, amendments to rule 1.442 regarding proposals for settlement, and amen
• Rainerman v. Eagle Nat'l Bank OF Miami
  541 So. 2d 740· Fla. 3d DCA· 1989-04-11 ·cited 29×
  Rainerman appealed an order compelling him to answer discovery questions in a post-judgment execution proceeding. The court held that Rainerman could invoke the Fifth Amendment privilege against self-incrimination on a blanket basis because the nature of the proceeding—discovery
• Auto-Owners Ins. Co. v. Se. Floating Docks, Inc.
  231 F.R.D. 426· M.D. Fla.· 2005-09-28 ·cited 26×
  Defendants lack standing under Rule 45 to quash subpoenas to non-parties on grounds of relevance, oppressiveness, and undue burden to the non-parties, absent a personal right or privilege. However, the court may enter a protective order under Rule 26(c) when discovery is overbroa
• Pesaplastic v. Cincinnati Milacron Co.
  799 F.2d 1510· 11th Cir.· 1986-09-24 ·cited 26×
  The court affirmed the district court's contempt findings and cost judgments, finding no abuse of discretion in the sanctions imposed for discovery violations.
• JIM Appley's Tru-Arc, Inc. v. Liquid Extraction Sys. Ltd. P'ship
  526 So. 2d 177· Fla. 2d DCA· 1988-06-01 ·cited 21×
  A judgment creditor appeals orders denying motions to compel discovery, for contempt, and to dissolve a levy on a boat; the appellate court reversed the denial of the motion to compel discovery but affirmed the other rulings.
• Brown v. The Sch. Bd. OF Palm Beach Cnty.
  855 So. 2d 1267· Fla. 4th DCA· 2003-10-15 ·cited 20×
  A trial court cannot base factual findings supporting attorney sanctions on the unsworn statements of attorneys alone; factual determinations must be established through sworn testimony or stipulations to which opposing counsel agrees.
• Exceletech, Inc. v. S.W. Williams
  579 So. 2d 850· Fla. 5th DCA· 1991-05-16 ·cited 20×
  Exceletech challenged its impleader in supplementary proceedings, arguing the trial court failed to examine the judgment creditor before adding it as a party. The Fifth District rejected this requirement, holding that the Florida Rules of Civil Procedure govern joinder in post-ju
• Katz v. N.M.E. Hosps., Inc.
  842 So. 2d 853· Fla. 4th DCA· 2002-12-26 ·cited 15×
  The appellate court held that a writ of certiorari is the proper remedy for a non-final discovery order compelling a deposition duces tecum in aid of execution, but denied the petition because the appellant failed to show irreparable harm.
• First Green Indus. a.s. v. Solar Dairy LLC
  S.D. Fla.· 2024-09-24 ·cited 12×
  The court recommended granting the petitioner's motion for final default judgment, confirming the international arbitration award and awarding damages, interest, and ordering the respondent to complete a debtor information form.
• Gen. Elec. Cap. Corp. v. Nunziata
  124 So. 3d 940· Fla. 2d DCA· 2013-08-14 ·cited 12×
  General Electric Capital Corp. (GECC) challenged a trial court's denial of its motion for a protective order from a subpoena duces tecum served in a proceeding supplementary to collect a judgment. The Florida District Court of Appeal held that GECC, as a non-judgment debtor with
• Capco Props., LLC. v. Monterey Gardens OF Pinecrest Condo.
  982 So. 2d 1211· Fla. 3d DCA· 2008-05-23 ·cited 12×
  The Third District Court of Appeal granted a writ of certiorari to review nonfinal discovery orders, quashing orders that compelled disclosure of six years of personal financial information from a condominium developer and its members where the complaint contained no claim for pu
• In re Amendments to the Florida Small Claims Rules
  601 So. 2d 1201· Fla.· 1992-07-16 ·cited 12×
  The Florida Supreme Court approved amendments to the Florida Small Claims Rules recommended by the Small Claims Rules Committee, including changes to streamline service methods, add optional enforcement procedures to judgments, and establish a standard settlement form for install
• Olin's Rent-A-Car Sys., Inc. v. AVIS Rental CAR Sys. OF Fla., Inc.
  135 So. 2d 434· Fla. 3d DCA· 1961-12-14 ·cited 11×
  Olin's Rent-A-Car petitioned for a writ of certiorari to review a rule to show cause requiring it to produce extensive business records as a garnishee. The court held that the trial judge lacked legal authority to issue such an order prior to the garnishee's answer and traverse,
• Marsh v. Patchett
  788 So. 2d 353· Fla. 3d DCA· 2001-06-13 ·cited 10×
  The court held that discovery in aid of execution cannot proceed on an expired judgment, but a timely filed motion to extend the judgment can be treated as a new action.
• Pratt v. Equity Bank, N.A.
  124 So. 3d 313· Fla. 5th DCA· 2013-09-27 ·cited 9×
  John Pratt appealed a trial court order to show cause holding him in contempt for failing to comply with discovery requests in enforcement proceedings related to a Kansas judgment. The Florida appellate court held that service of process is not required to enforce a foreign judgm
• Verone Marin Fehlhaber v. Fehlhaber
  664 F.2d 260· 11th Cir.· 1981-12-18 ·cited 9×
  The court held that a district court order denying discovery in aid of execution is an appealable final order and that the denial of discovery in this case was not an abuse of discretion.
• Park Fin. OF Broward, Inc. v. Dudley Jones and Magretta May Vassell-Jones
  94 So. 3d 617· Fla. 4th DCA· 2011-07-13 ·cited 6×
  Park Finance obtained a default judgment against defendants for a car loan deficiency but the circuit court later dismissed the case under Florida Rule of Civil Procedure 1.420(e) for lack of prosecution. The Fourth District reversed, holding that Rule 1.420(e) does not apply to
• Gibson v. Progress Bank OF Fla.
  54 So. 3d 1058· Fla. 2d DCA· 2011-02-23 ·cited 6×
  Petitioners, non-parties to a loan default action, challenged a trial court's order permitting discovery of their personal financial records in aid of executing a summary judgment against other defendants. The Florida District Court of Appeal held the summary judgment void becaus
• G.B. Holdings, Inc. v. Steinhauser
  862 So. 2d 97· Fla. 4th DCA· 2003-11-19 ·cited 6×
  G.B. Holdings appeals the trial court's order permitting post-judgment amendment of the complaint and final judgment to substitute it as the defendant in place of the similarly-named K.B. Holdings, Inc., after a default judgment was entered. The court reversed, holding that this
• Albert v. Hartford Nat'l Bank & Tr. Co.
  423 So. 2d 1027· Fla. 4th DCA· 1982-12-29 ·cited 6×
  The Fourth District Court of Appeal affirmed a trial court's order compelling production of documents in aid of execution where a bank sought to enforce a domesticated Connecticut judgment against a deceased debtor's estate. The court held that discovery in aid of execution may p
• Noveshen v. LAW Offs. OF Barry Franklin & Assocs.
  93 So. 3d 1201· Fla. 4th DCA· 2012-08-08 ·cited 5×
• BDO Seidman, LLP v. Banco Espirito Santo Int'l, Ltd.
  998 So. 2d 1· Fla. 3d DCA· 2008-04-16 ·cited 5×
  BDO Seidman appealed the trial court's denial of its motion to quash a discovery subpoena in aid of execution, arguing that posting a $50 million supersedeas bond under Florida Statute § 45.045 should have stayed all post-judgment proceedings, including discovery. The Third Distr
• RPS, Inc. v. Travel MAX Int'l, Inc.
  823 So. 2d 243· Fla. 4th DCA· 2002-08-07 ·cited 5×
  RPS, Inc. sought to collect a money judgment against Travel Max International, Inc. through garnishment of bank account funds. The trial court improperly dissolved the writ of garnishment, awarded attorney's fees to a non-garnishee claimant, and entered a protective order limitin
• Conrad v. McMECHEN
  338 So. 2d 1306· Fla. 4th DCA· 1976-11-05 ·cited 5×
  A judgment creditor obtained an order requiring an execution debtor to appear for examination in a county other than his residence under supplementary proceedings. The court reversed, holding that the debtor must be examined in his county of residence as mandated by the statute g
• In re AMENDMENTS TO FLA. RULE OF CIVIL PROCEDURE 1.570 & FORM 1.914.
  244 So. 3d 1009· Fla.· 2018-05-31 ·cited 4×
  The Florida Supreme Court adopted amendments to Florida Rule of Civil Procedure 1.570 and related forms to implement 2016 statutory amendments governing proceedings supplementary to execution of judgments. The Court modified the Committee's proposed language to clarify undefined
• Suarez v. Hillcrest Dev. OF S. Fla., Inc.
  742 So. 2d 423· Fla. 3d DCA· 1999-09-13 ·cited 4×
  A law firm previously representing a judgment debtor can be compelled to disclose the debtor's last known address and telephone number to a judgment creditor.
• Palm Court, Inc. v. Vaughn Durham
  562 So. 2d 440· Fla. 4th DCA· 1990-06-20 ·cited 4×
  The court held that a non-final order requiring the reissue of stock certificates was improperly issued in a discovery proceeding in aid of execution.
• Eisenstein v. Citizens & S. Nat'l Bank OF Fla.
  561 So. 2d 1203· Fla. 4th DCA· 1990-04-04 ·cited 4×
  Petitioners sought protection from discovery in a civil case based on Fifth Amendment self-incrimination privileges, claiming pending federal RICO litigation and grand jury investigation. The court held that while Fifth Amendment protection is available in civil discovery, the wi
• Lumpkins v. Amendola
  466 So. 2d 1214· Fla. 4th DCA· 1985-04-10 ·cited 4×
  The court held that service of a notice of deposition on the appellee's attorney was effective when the case was still pending, and the trial court erred in denying the motion to compel attendance.
• Platt v. Russek
  921 So. 2d 5· Fla. 2d DCA· 2004-04-14 ·cited 2×
  An appellate court granted review of a trial court's order staying execution of a money judgment for attorney's fees and costs without requiring a supersedeas bond, vacating the stay.
• Eden v. The Bank OF NEW York
  588 So. 2d 16· Fla. 4th DCA· 1991-10-16 ·cited 2×
• Hare v. McLaughlin
  431 So. 3d 1030· Fla. 4th DCA· 2026-03-25 ·cited 1×
  The Fourth District Court of Appeal of Florida dismissed an appeal of a partial final judgment, finding it premature because interdependent claims remained unresolved. However, the court granted a petition for writ of certiorari to address the immediate execution of the judgment,
• Arkady Vaygensberg v. Barash
  156 So. 3d 556· Fla. 3d DCA· 2015-01-21 ·cited 1×
  The appellate court treated an appeal of a discovery order as a petition for writ of certiorari. The court denied the petition because the appellant failed to provide necessary transcripts and did not adequately support his Fifth Amendment claim.
• Nobles v. Ring Power Corp.
  531 So. 2d 1023· Fla. 1st DCA· 1988-10-04 ·cited 1×
  Appellant Nobles was held in contempt of court and sentenced to 20 days in jail for failing to appear at a postjudgment deposition in aid of execution in Duval County, approximately 200 miles from his home county. The court affirmed, holding that Rule 1.560 of the Florida Rules o
• Afriyie v. Friend
  Fla. 3d DCA· 2026-04-29
  Once a final judgment is entered, a trial court loses authority to order deposition discovery in the case in chief and is limited to discovery for purposes of execution only.
• Barney v. Goldoro Developments, Inc.
  S.D. Fla.· 2025-05-21
  The court held that it committed legal error in awarding summary judgment on FLSA and FMWA claims to an exempt employee, but not on breach of contract claims for vacation pay. The court also erred in entering judgment against an individual defendant not found liable on those clai
• In re Amendments to Florida Rules of Civil Procedure
  Fla.· 2025-02-06
  The Florida Supreme Court adopted proposed amendments to Florida Rules of Civil Procedure 1.070, 1.410, 1.550, 1.560, and 1.730, primarily to remove outdated formal legal terminology and modernize procedural language. The amendments become effective April 1, 2025, and streamline
• Chiquita Brands Int'l v. Zamhern S.A.
  S.D. Fla.· 2024-12-13
  The court granted the motion for a writ of bodily attachment against the respondent's president due to the respondent's continued failure to comply with court orders.
• Chiquita Brands Int'l v. Zamhern S.A.
  S.D. Fla.· 2024-11-22
  The court recommended granting a writ of bodily attachment against Jose Hernán Zambrano Loor, president of Respondent Zamhern S.A., due to his legal identification with the company and its repeated contempt of court orders.
• Meide v. Pulse Evolution Corp.
  M.D. Fla.· 2024-09-18
  The court held that a judgment creditor is entitled to compel a judgment debtor to complete a Fact Information Sheet in aid of execution, especially when the motion is unopposed.
• SafePoint Ins. Co. v. Riley Ellison, Jr.
  Fla. 3d DCA· 2024-09-18
  SafePoint Insurance Company appealed the denial of its motion for directed verdict and motion for new trial following a jury verdict in favor of the insured, Riley Ellison, Jr., in a water damage and mold exclusion case. The court affirmed, holding that because evidence on causat
• Crossroads Fin., LLC v. Alma-Mater Collection, Inc.
  S.D. Fla.· 2024-08-15
  The court recommended granting the motion for contempt, finding the judgment debtors in civil contempt for willfully violating court orders, and imposing sanctions including attorney's fees, a daily fine, and an arrest warrant for one debtor.
• Cardinale v. Wang
  M.D. Fla.· 2023-12-22
  The court denied the non-party landlord's motion to quash a subpoena but granted the defendant's motion to quash due to lack of proper notice.
• Prepared Food Photos, Inc. v. Gonzague Foods, LLC
  S.D. Fla.· 2023-12-13
  The court affirmed and adopted the magistrate judge's report and recommendation, finding the defendant in civil contempt for failing to comply with prior court orders.
• Gov't Emps. Ins. Co. v. The Right Spinal Clinic, Inc.
  M.D. Fla.· 2023-12-07
  The court held that discovery in aid of execution is not precluded by a pending appeal and granted the motion to compel.
• River Cross Land Co., LLC v. Seminole Cnty.
  M.D. Fla.· 2023-08-15
  The court requires supplemental briefing from both parties regarding a motion to compel production of documents in aid of execution, specifically concerning the plaintiff's alleged inability to produce copies of checks and the defendant's request for confirmation from the bank.
• Affordable Aerial Photography, Inc. v. Elegance Transp., Inc.
  M.D. Fla.· 2023-03-27
  The court granted the plaintiff's motion to tax attorneys' fees and costs incurred in relation to a motion to compel discovery.
• Parsons v. Regna
  M.D. Fla.· 2023-03-24
  The court held that a writ of execution is a prerequisite for proceedings supplementary and that it lacks jurisdiction to hold third parties directly liable for a judgment without separate jurisdictional basis.
• Travelers Cas. & Sur. Co. of Am. v. C & N Yacht Refinishing, Inc.
  S.D. Fla.· 2022-08-05
  The court granted the plaintiff's motion to compel discovery responses because the defendant failed to respond to the motion or the discovery requests.