Fed. R. Civ. P. 69(a)

48 Florida cases classified under this topic · sorted by citation count · browse and sort

• United States v. Overman
  424 F.2d 1142· 9th Cir.· 1970-04-08 ·cited 48×
  A federal tax lien attaches to a taxpayer's vested interest in Washington community property, and this lien can be enforced against the community property, even for the taxpayer's premarital debt.
• Baker v. Limber
  647 F.2d 912· 9th Cir.· 1981-06-08 ·cited 43×
  The court held that the appellant failed to adequately support his assertion of the Fifth Amendment privilege against self-incrimination, and therefore the district court did not abuse its discretion in imposing discovery sanctions, including dismissal of counterclaims and entry
• Shuffler v. Heritage Bank
  720 F.2d 1141· 9th Cir.· 1983-11-25 ·cited 42×
  The court held that while the Shufflers were properly found in civil contempt, the contempt sanction order was improper due to a lack of stated purpose and insufficient findings to support the fine's size and duration.
• Feliciano v. Reliant Tooling Co., Ltd.
  691 F.2d 653· 3d Cir.· 1982-10-26 ·cited 35×
  The court held that a default judgment against a foreign garnishee insurer should be opened when the insurer had a reasonable doubt about personal jurisdiction, possessed a facially meritorious defense, and caused no prejudice to the judgment creditor.
• Argento v. Vill. OF Melrose Park
  838 F.2d 1483· 7th Cir.· 1988-01-27 ·cited 30×
  The court held that the district court had jurisdiction to enforce judgments against a municipality and its insurer under supplementary and pendent jurisdiction, and that Illinois' § 9-102 makes a local public entity directly liable for employee tort judgments.
• Duchek v. Jacobi
  646 F.2d 415· 9th Cir.· 1981-05-29 ·cited 16×
  Federal Rule of Civil Procedure 69(a) requires federal courts to follow state procedural law for execution of judgments, but does not divest federal courts of jurisdiction to enforce judgments, even if state statutes appear to direct such proceedings to state tribunals.
• Travelers Ins. Co. v. Lawrence
  509 F.2d 83· 9th Cir.· 1974-12-23 ·cited 16×
  The dissenting judge holds that the Marshal's actions in a mortgage foreclosure sale constitute a 'seizure' or 'levy' under 28 U.S.C. § 1921, entitling them to the statutory fee, and that state law characterization is not controlling.
• Marshak v. "Doc" Green
  746 F.2d 927· 2d Cir.· 1984-10-12 ·cited 13×
  A trade name, considered in gross, is not a type of property that can be attached or sold at a judicial execution sale to satisfy a monetary judgment.
• Curtis B. Danning in Bankruptcy of Fenton v. Beau Berlinski Lavine
  572 F.2d 1386· 9th Cir.· 1978-04-14 ·cited 12×
  The court held that general allegations of insolvency are sufficient to support a default judgment in a bankruptcy trustee's action for voidable preference or fraudulent conveyance, but a civil contempt order for failure to answer prejudgment discovery questions is improper after
• Catullo v. Metzner
  834 F.2d 1075· 1st Cir.· 1987-12-02 ·cited 9×
  The court held that the exclusion of evidence regarding the terms of a settlement agreement was reversible error, necessitating a new trial on certain claims, but affirmed the denial of attorney's fees.
• Arnold v. BLaST Intermediate Unit 17 & Dr. Robert M. Mitstifer. Appeal of Mary Jane Arnold
  843 F.2d 122· 3d Cir.· 1988-03-25 ·cited 8×
  The court held that BLaST has a clear and non-discretionary duty to pay the federal judgment because it possesses the statutory powers of an employer, has substantial characteristics of a local school district, and has sufficient funds, and that mandamus is an appropriate remedy.
• Balark v. Curtin
  655 F.2d 798· 7th Cir.· 1981-07-31 ·cited 8×
  The court should reverse the denial of the motion to quash the garnishment summons based on the parties' stipulated agreement and Illinois public policy.
• Int'l Paper Co. v. Whitson
  595 F.2d 559· 10th Cir.· 1979-04-02 ·cited 8×
  The United States is subject to Oklahoma's 90-day requirement for seeking a deficiency judgment after a foreclosure sale, and failure to comply extinguishes the right to seek such a judgment.
• Gabovitch v. Lundy
  584 F.2d 559· 1st Cir.· 1978-09-29 ·cited 8×
  The court held that a federal writ of execution for a money judgment is ineffective against a bank account under Massachusetts law if it does not comply with state procedural requirements for attachment.
• In re Proceedings By Merrill Lynch Relocation Mgmt. v. Merrill Lynch Relocation Mgmt., Inc.
  812 F.2d 1116· 9th Cir.· 1987-03-12 ·cited 7×
  The court held that the Oregon statute making an attorney liable for the costs of a nonresident plaintiff is substantive law applicable in federal diversity actions and that the contempt order against the attorney was proper.
• Transp. Cybernetics v. Forest Transit Comm'n
  950 F.2d 350· 7th Cir.· 1991-11-26 ·cited 6×
  The court held that it had jurisdiction to hear the appeal and that Forest County waived its merits arguments, ordering the writ of mandamus to issue.
• United States v. Miller
  229 F.2d 839· 3d Cir.· 1956-02-08 ·cited 6×
  The garnishment statute exempting wages does not apply to the United States, but garnishment of future wages is not permitted under Pennsylvania law.
• Comer v. City of Palm Bay
  147 F. Supp. 2d 1292· M.D. Fla.· 2001-06-21 ·cited 4×
  A writ of mandamus to compel payment of a judgment exceeding statutory limits is denied because Florida law requires such excess amounts to be paid by legislative appropriation, not judicial enforcement.
• Sandlin v. Corporate Interiors Inc.
  972 F.2d 1212· 10th Cir.· 1992-08-18 ·cited 4×
  A federal court's ancillary jurisdiction to enforce a judgment does not extend to new claims against non-parties that arise from different operative facts and legal theories than the original judgment, requiring an independent basis for jurisdiction.
• Okla. Radio Assocs. v. Fed. Deposit Ins. Corp.
  969 F.2d 940· 10th Cir.· 1992-07-13 ·cited 4×
  The court held that service of a motion for a deficiency judgment in federal court, even when governed by a state statute requiring personal service, is controlled by the Federal Rules of Civil Procedure, specifically Rule 5, allowing service by mail on opposing counsel.
• N. Pac. S.S. Co. v. Pyramid Bulkcarriers, Inc.
  515 F.2d 426· 5th Cir.· 1975-06-30 ·cited 4×
  The court held that a show cause order is not a proper procedure to add new parties as judgment debtors under the alter ego theory.
• Sapp v. Marcum
  2017 WL 445713· M.D. Fla.· 2024-05-31 ·cited 2×
  The court granted the City of Winter Park's motion to compel discovery for judgment execution because the plaintiff failed to respond to the discovery requests or the motion.
• Liberty Mut. Ins. Co. v. C-Staff, Inc.
  280 F.3d 1337· 11th Cir.· 2002-01-30 ·cited 2×
  Liberty Mutual sought to enforce a judgment against C-Staff by initiating supplementary proceedings to implead third parties alleged to be fraudulent transferees or alter egos. The Eleventh Circuit certified to the Georgia Supreme Court the unanswered question of whether Georgia
• Aviation Supply Corp. v. R.S.B.I. Aerospace, Inc.
  999 F.2d 314· 8th Cir.· 1993-07-12 ·cited 2×
  The court held that the district court did not abuse its discretion in appointing a receiver to protect a judgment creditor's interests when the debtor engaged in asset transfers and refused to cooperate with discovery, and that the order to prepare an inventory did not violate t
• Resolution Tr. Corp. for Peoples Sav. & Loan Ass'ns v. Ruggiero
  994 F.2d 1221· 7th Cir.· 1993-05-20 ·cited 2×
  Orders imposing a resulting trust and requiring turnover of property in a post-judgment supplementary proceeding are appealable as injunctions, and the trial court did not err in granting relief without a formal summary judgment motion when no genuine issues of material fact exis
• United States v. Brown
  835 F.2d 176· 8th Cir.· 1987-12-10 ·cited 2×
  The court held that the district court had jurisdiction to apply seized funds to satisfy a bail forfeiture judgment and that the appeal was timely filed under civil rules. However, it remanded for factual findings regarding ownership of the seized funds to ensure Brown's money wa
• Constant L. Vermandel and Rosa Vermandel v. Gray
  772 F.2d 738· 11th Cir.· 1985-09-27 ·cited 2×
  The court held that the district court did not abuse its discretion in denying the bank's motion to amend its answer and seek a refund after a final judgment had been entered.
• Shooster v. Gelfand
  439 So. 2d 1000· Fla. 4th DCA· 1983-10-26 ·cited 2×
  Shooster sued Gelfand on a promissory note and obtained a default judgment after Gelfands failed to appear. When Shooster sought post-judgment discovery via interrogatory to satisfy the judgment, the trial court denied his motion to compel. The court reversed, holding that post-j
• United States v. Thornton
  672 F.2d 101· D.C. Cir.· 1982-02-16 ·cited 2×
  The court held that the District Court had jurisdiction to enforce a federal criminal fine against funds held by a county director of finance in another state, and that service upon the director was proper.
• Salazar Mora v. Venegas
  S.D. Fla.· 2025-01-08
  The court granted the plaintiff's motion for a charging order against the defendant's LLC interest to satisfy an outstanding judgment.
• Basf Corp. v. O&M Auto Collision, Inc.
  S.D. Fla.· 2024-12-18
  The court granted in part BASF's motion for default final judgment, awarding damages for breach of contract but denying claims for unjust enrichment and declaratory relief.
• Macro Elecs. Corp. v. Biotech Restorations of Fla. LLC
  M.D. Fla.· 2024-11-22
  The court held that it lacked ancillary jurisdiction to consider the plaintiffs' reverse corporate piercing claim because it sought to impose liability on a third party not already liable for the original judgment.
• Kleiman v. Wright
  S.D. Fla.· 2024-01-05
  The court affirmed the magistrate judge's order, overruling the plaintiff's objections and finding that the later-filed financial disclosure form was substantially compliant, but scheduled a civil contempt hearing for the period of prior non-compliance.
• Dozier v. DBI Servs., LLC.
  M.D. Fla.· 2023-08-25
  The court granted in part and denied in part motions for protective orders and to compel, modifying a subpoena to a non-party due to undue burden but denying a similar claim by another non-party.
• Fresenius Vascular Care, Inc. v. Vasudeva
  M.D. Fla.· 2023-08-03
  The court granted the plaintiff's motion for writs of garnishment to enforce money judgments against the defendants.
• 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.
• Millennium Funding, Inc. v. 1701 Mgmt., LLC.
  S.D. Fla.· 2023-02-08
  The court granted the plaintiffs' motion for a preliminary injunction to restrain the defendants' assets, preventing them from dissipating or moving assets outside of the United States.
• Ela v. Orange Cnty.
  M.D. Fla.· 2022-12-20
  The court denied the motion for a writ of garnishment because Florida law only allows garnishment of debts owed to the defendant by a third party, and the plaintiff failed to comply with procedural requirements.
• 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.
• U.S. Sec. Assocs., Inc. v. Campos
  S.D. Fla.· 2020-05-13
  The court granted the plaintiff's motion for default judgment, awarding compensatory and exemplary damages and issuing a permanent injunction.
• Papadopoulos v. Sidi
  547 F. Supp. 2d 1262· S.D. Fla.· 2008-01-03
  The court held that a permanent injunction is not an available remedy under Federal Rule of Civil Procedure 69 to aid in the collection of a money judgment, as it is not contemplated by the rule or applicable state statutes, and equitable relief requires the absence of an adequat
• United States v. Vulpis
  967 F.2d 734· 2d Cir.· 1992-04-09
  The court held that the district court's appointment of a receiver was not foreclosed by a prior ruling and was within its discretion to enforce a money judgment under state procedures.
• Grenada Bank v. Willey
  694 F.2d 85· 5th Cir.· 1982-12-20
  The court held that a writ of garnishment, not a writ of fieri facias, is the proper means to charge a limited partner's intangible interest, and that the transfer of partnership interest to intervenors was valid against the bank's lien.
• Panorios Panteloglou v. CIA. DE NAV. SAN George, S.A.
  303 F.2d 641· 2d Cir.· 1962-06-06
  The court held that the ship-owning third parties were indebted to the judgment debtor and affirmed the order against them, but reversed the order against the ships' agent, Cargo & Tankship, based on prior precedent.
• Defoe v. Town of Rutherfordton
  122 F.2d 342· 4th Cir.· 1941-09-04
  A court cannot modify a writ of mandamus to reduce payment obligations based solely on the municipality's reduced ability to pay or to alleviate tax burdens, as this denies a party relief to which they are entitled as a matter of right.