Discovery In Aid Of Execution

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

• Wachovia Bank v. Tien
  S.D. Fla.· 2022-06-02
  The court granted the motion to compel the debtor to sign IRS Form 8821 for discovery in aid of execution and overruled the debtors' objections to third-party subpoenas.
• The Hurry Fam. Revocable Tr. v. Frankel
  M.D. Fla.· 2021-12-17
  The court denied the defendant's motion to stay execution and discovery because he failed to meet his burden of demonstrating that a reduced security amount would sufficiently protect the plaintiffs' interests.
• FLG Technics, Inc. v. Aerospace Precision, Inc.
  S.D. Fla.· 2021-08-16
  The court granted in part and denied in part the motion to compel post-judgment discovery, ordering the Judgment Debtor to complete and serve Form 1.977.
• Bavelis v. Doukas
  S.D. Fla.· 2021-05-10
  The court granted in part and denied in part the judgment creditor's motion, ordering the judgment debtor to appear for a deposition and complete a fact information sheet, while denying the request for specific documents as moot.
• Sream, Inc. v. Sha Sultana Inc.
  S.D. Fla.· 2020-08-20
  The court granted the motion for an order to show cause, requiring an individual to appear and explain why he should not be held in civil contempt for failing to appear at a deposition. The individual may purge the contempt by appearing for a deposition before the show cause hear
• Bavelis v. Doukas
  S.D. Fla.· 2020-07-15
  The court held that the judgment creditor met the burden to establish necessity and relevance for discovery into third-party bank accounts linked to the debtor.
• In re Amendments to the Fla. Fam. Law Rules of Procedure
  154 So. 3d 301· Fla.· 2014-12-18
  The Florida Supreme Court adopted amendments to the Florida Family Law Rules of Procedure and associated forms, including new rules on minimization of sensitive information and social investigations, and amendments to rules governing process, case management, expert evaluations,
• 2700 N. Ocean, LLC v. Ophir Sternberg and Allison Greenfield
  139 So. 3d 379· Fla. 3d DCA· 2014-05-14
  A Florida appellate court upheld a trial court's order allowing judgment creditors to conduct post-judgment discovery from non-party third-party witnesses to aid in execution of a New York judgment. The court held that Rule 1.560 permits discovery in aid of execution from any per
• MDG Helmerich, LLC v. Regions Bank
  118 So. 3d 977· Fla. 2d DCA· 2013-08-14
• Delmonico v. Crespo
  59 So. 3d 337· Fla. 4th DCA· 2011-04-27
  The court held that financial discovery in aid of execution is premature before a judgment has been entered for attorney's fees.
• BDO Seidman, LLP v. Banco Espirito Santo Int'l, Ltd.
  26 So. 3d 1· Fla. 3d DCA· 2009-08-12
  The court held that the trial court erred in issuing a blanket denial of post-judgment discovery under section 45.045(3) of the Florida Statutes, as the statute permits limited discovery to determine asset dissipation.
• Auto-Owners Ins. v. Se. Floating Docks, Inc.
  152 L.R.R.M. (BNA) 2862· M.D. Fla.· 2005-09-28
  The court held that defendants have standing to move to quash subpoenas for inadequate notice and to seek a protective order for undue burden, but not for claims of privilege or confidentiality regarding non-party financial records. The court granted a protective order as to over
• In re Amendments to the Fla. Fam. Law Rules of Procedure
  783 So. 2d 937· Fla.· 2000-10-19
  The Florida Supreme Court reviewed and approved proposed amendments to the Florida Family Law Rules of Procedure submitted by the Family Law Rules Committee in its quadrennial report. The Court rejected certain proposals it found problematic while approving others with modificati
• Alejandre v. Republic of Cuba
  64 F. Supp. 2d 1245· S.D. Fla.· 1999-06-16
  The court held that service of second writs of garnishment must be quashed because they were improperly issued by the Clerk without prior court authorization, but granted plaintiffs leave to seek new writs. The court also denied motions for protective orders, allowing discovery i
• Segall v. Downtown Assocs.
  546 So. 2d 11· Fla. 3d DCA· 1989-04-21
  The appellants Segall appealed a money judgment against them, but the appellees moved to dismiss the appeal on grounds that the appellants willfully evaded discovery in aid of execution. The court granted the motion to dismiss based on the appellants' persistent defiance of trial
• Snelson v. Henn
  46 Fla. Supp. 82· Palm Beach Cty. Cir. Ct.· 1977-06-02
  A judgment creditor sought to compel discovery of assets from third parties (relatives and corporations) to aid in collection of a 16-year-old judgment against the debtor. The court held that while discovery from third parties is permitted under Florida Rule 1.560, the creditor m
• U. S. Slicing Mach. Co. v. Mallard
  16 Fla. Supp. 68· Duval Cty. Cir. Ct.· 1960-04-28
  A judgment creditor sought discovery via subpoenas and depositions under Florida Rule 1.40 to locate assets for execution before actually obtaining a writ of execution. The court held that Rule 1.40 discovery proceedings are supplemental to statutory execution procedures and cann