Federal Rule Of Civil Procedure 69

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

• Wolf-Lillie v. Sonquist
  699 F.2d 864· 7th Cir.· 1983-01-31 ·cited 102×
  The court held that the sheriff, in his official capacity, was liable for damages resulting from the execution of an outdated writ of restitution due to a pervasive custom of executing stale writs. The court also held that the Parratt v. Taylor doctrine did not bar claims for sub
• Kearney v. Auto-Owners Ins.
  713 F. Supp. 2d 1369· M.D. Fla.· 2010-05-14 ·cited 35×
  The court awarded attorney's fees under Florida Statute § 768.79 but reduced the requested amount due to insufficient documentation and billing issues, and denied costs without prejudice pending proper resubmission.
• Skevofilax v. Sergeant William Quigley
  810 F.2d 378· 3d Cir.· 1987-01-22 ·cited 20×
  The court held that the district court properly exercised ancillary jurisdiction over the police officers' indemnification claim against the township under Rule 69.
• 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.
• Reinsurance Co. OF Am., Inc. v. Administratia Asigurarilor de Stat (Administration OF State Insurance)
  902 F.2d 1275· 7th Cir.· 1990-05-25 ·cited 12×
  Foreign secrecy laws cannot block discovery of assets under the Foreign Sovereign Immunities Act (FSIA) and Federal Rule of Civil Procedure 69 when a judgment has been rendered.
• Supporters TO Oppose Pollution, Inc. v. The Heritage Grp.
  973 F.2d 1320· 7th Cir.· 1992-08-28 ·cited 9×
  The court held that Supporters to Oppose Pollution (StOP) cannot pursue multiple lawsuits against Heritage Group, an alleged alter ego of Environmental Waste Control (EWC), due to statutory bars, claim preclusion, and bankruptcy stay provisions.
• The State OF NEW York v. Shore Realty Corp. & Donald LeoGrande
  763 F.2d 49· 2d Cir.· 1985-05-07 ·cited 8×
  The court affirmed the adjudication of civil contempt but modified the coercive fines, remanding for further determination of the appropriateness and amount of sanctions for non-compliance with certain orders.
• 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.
• EL Salto, S.A. v. PSG Co.
  444 F.2d 477· 9th Cir.· 1971-05-12 ·cited 8×
  The court held that a Robinson-Patman Act violation inherent in a contract does not bar enforcement of the contract if enforcement does not enforce the unlawful conduct, and that a subpoena is required to compel a non-party's deposition attendance.
• Buse v. Kuechenberg
  325 F.3d 1249· 11th Cir.· 2003-03-27 ·cited 5×
  Buse obtained a default judgment against Kuechenberg in 1993 and registered it in Florida federal court in 2000, seeking execution more than seven years later. The district court barred the execution as time-barred under Florida's five-year statute of limitations for actions on j
• Ward v. Estaleiro Itajai S/A
  541 F. Supp. 2d 1344· S.D. Fla.· 2008-03-31 ·cited 4×
  Florida Statute § 768.72(1), which requires a preliminary showing before discovery of financial worth for punitive damages, is a procedural rule that conflicts with Federal Rule of Civil Procedure 26 and is therefore inapplicable in federal diversity actions.
• United States v. Homestake Mining Co.
  595 F.2d 421· 8th Cir.· 1979-03-30 ·cited 4×
  The court held that Section 309(a)(5)(B) of the Clean Water Act of 1977 does not apply to water quality-based effluent limitations, and that the district court erred by determining Homestake's eligibility for an extension without remanding to the EPA.
• Fed. Trade Comm'n v. Start Connecting LLC
  M.D. Fla.· 2025-08-22
  The Federal Trade Commission sued Start Connecting LLC and related entities for deceptively marketing fraudulent student loan debt relief services through false claims about government affiliation, guaranteed low monthly payments, advance fee requirements, and misappropriated con
• Hudson-Reeves v. N.Y. Pizza & Pasta, Inc.
  M.D. Fla.· 2025-06-03
  The court held that the plaintiff is entitled to a final judgment against the garnishee because the defendant waived the issue of untimely notice by failing to object.
• Doe v. Vazquez
  M.D. Fla.· 2025-04-14
  The court granted in part Plaintiff's motion to commence proceedings supplementary, allowing impleader of third parties upon proper filing of notices.
• 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.
• 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.
• 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.
• Giles v. Relevant Media Grp., Inc.
  M.D. Fla.· 2024-06-28
  The Court granted Plaintiff's ex parte motion for a writ of garnishment because Plaintiff demonstrated entitlement to the writ by complying with federal and Florida procedural rules.
• Ela v. Orange Cnty.
  M.D. Fla.· 2023-09-06
  The court granted the plaintiff's motion for a writ of garnishment against the defendant's wages to satisfy a judgment.
• O'Neal v. Am. Shaman Franchise Sys., Inc.
  M.D. Fla.· 2023-07-12
  The court held that an email was discoverable because its inadvertent disclosure waived work-product protection and the opposing party injected the issue of the email's contents into the litigation.
• Perez v. Margaritas V&P, Inc.
  M.D. Fla.· 2023-05-08
  The court granted the plaintiff's motion for an ex parte post-judgment writ of garnishment and appointed a special process server.
• Cardinale v. Wang
  M.D. Fla.· 2023-04-20
  The court granted the plaintiff's motion for a clerk's default against the garnishee for failing to answer the writ of garnishment.
• Thistle Commc'ns, LLC v. E-1 Mach., LLC
  M.D. Fla.· 2023-01-26
  The court granted in part Plaintiff's motion, allowing impleader of third parties but requiring a separate supplemental complaint for alter-ego claims.
• Am. Steel Trade Corp. v. Metalhouse, LLC
  M.D. Fla.· 2023-01-06
  The Court granted Plaintiff's ex parte motion for a writ of garnishment because Plaintiff complied with federal and state procedural rules for enforcing a money judgment.
• 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.
• Packman1, Inc. v. Seasons Best Produce Corp.
  M.D. Fla.· 2022-04-12
  The court granted the motion for a writ of garnishment and authorized a special process server.
• Michael Grecco Prods., Inc. v. Soffersapp, LLC
  S.D. Fla.· 2021-09-13
  The court held that the garnishee is entitled to a $100 statutory payment from the plaintiff and is discharged from further liability under the writ of garnishment because the plaintiff did not deny the garnishee's assertions.
• Michael Grecco Prods., Inc. v. Soffersapp, LLC
  S.D. Fla.· 2021-07-22
  The court granted the plaintiff's ex parte motion for a continuing writ of garnishment against the defendant's wages, finding the plaintiff entitled to the writ under Florida law.
• Kearney Constr. Co., LLC v. Travelers Cas. & Sur. Co. of Am.
  M.D. Fla.· 2020-11-19
  The court held that defendants were not entitled to a jury trial in proceedings supplementary to enforce a judgment, as the claims involved equitable remedies under the Uniform Fraudulent Transfers Act.
• Yurovskiy v. Impex Point, LLC
  S.D. Fla.· 2020-08-12
  The court held that non-party Petrov's and his counsel's motions and objections were frivolous, based on misrepresentations, and warranted sanctions due to bad faith and vexatious conduct.
• Kearney Constr. Co., LLC v. Travelers Cas. & Sur. Co. of Am.
  M.D. Fla.· 2019-12-19
  A judgment creditor can initiate proceedings supplementary to execute on a judgment, including filing a supplemental complaint to pursue fraudulent transfers and impleading third parties, provided statutory prerequisites are met.
• 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
• Citronelle-Mobile Gathering, Inc. v. Watkins
  934 F.2d 1178· 11th Cir.· 1991-06-27
  The court held that it has jurisdiction over appeals concerning post-judgment enforcement actions, even if stemming from underlying ESA/EPAA violations, and that a receiver appointed by a court with personal jurisdiction over the defendant may exercise authority over foreign asse
• Bear v. M.T. Amad
  919 F.2d 920· 5th Cir.· 1990-11-30
  The Texas Turnover Statute does not authorize courts to order direct transfers of real property to judgment creditors.