PACKMAN1, INC.
v.
SEASONS BEST PRODUCE CORP.

M.D. Fla. | 2022-02-16
No. 8:18-cv-816
District Court, M.D. Florida (2022) Positive Treatment
Cited by 2 cases

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Holding

The court denied the motion for a writ of garnishment because it lacked jurisdiction over the garnishee located outside its district.


Facts & Procedural History

Plaintiff sought a writ of garnishment against Bank of America, N.A. to collect on a judgment. The bank's registered agent was located in the Southern…

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Opinion of the Court

This matter comes before the Court on Plaintiff and Judgement Creditor’s Motion for Writ of Garnishment (Doc. 32). This matter arises from Plaintiff’s efforts to collect on its Judgment, which the Court entered in favor of Defendant and against Defendant in the amount of $92,848.55 (Docs. 24 & 25). According to Plaintiff, the judgment remains unsatisfied. By the instant motion, Plaintiff and Judgement Creditors requests that the Court issue a writ of garnishment to Bank of America, N.A., to assist in satisfying the judgment entered in favor of Defendant. Plaintiff does not address whether this Court has jurisdiction to issue the writ. A writ of garnishment will only be enforceable within the bounds of the federal district in which it was issued. See JPI Partners, LLC v. Dixon, No. 6:07-MC-77-ORL-

22DAB, 2008 WL 2185744, at *2 (M.D. Fla. 2008) (considering a writ of execution); Lapinski v. St. Croix Condo. Ass’n., Inc., No. 6:16-cv-1418-Orl-40GJK, 2019 WL 1491568, at *1 (M.D. Fla. Jan. 24, 2019) (denying Motion for Writ of Garnishment because the garnishee was located in the Southern District of Florida and thus, the court lacked jurisdiction to issue the writ). In issuing a writ of garnishment, the court must not only have personal jurisdiction over the garnishee, but it also must have jurisdiction over the property to be garnished. Lapinski, 2019 WL 1491568 at *1 (citing Skulas v. Loiselle, No. 09-60096-CIV, 2010 WL 1790439, at *2-3 (S.D. Fla. April 9, 2010)).

Here, Plaintiff and Judgement Creditors move this Court to issue a writ of garnishment directed towards Bank of America, N.A., the garnishee. In Plaintiff’s proposed writ, Plaintiff lists Bank of America, N.A.’s registered agent’s address as 1200 South Pine Island Road, Plantation, FL 32301. However, this address is not located in the Middle District of Florida but rather, is in the Southern District of

Florida. Moreover, Plaintiff fails to assert that Defendant has an account in a bank branch within the Middle District of Florida. Thus, Plaintiff has not demonstrated that this Court has jurisdiction to issue the writ to a garnishee located outside this Court’s jurisdictional boundaries. Accordingly, it is hereby ORDERED: 1. Plaintiff and Judgement Creditor’s Motion for Writ of Garnishment (Doc. 32) is DENIED WITHOUT PREJUDICE. DONE AND ORDERED in Tampa, Florida, on this 16th day of February, 2022. J 4, 4 at V) / ll } ANTHOMY E. toROELL United Sfates Magistrate Judge cc: Counsel of Record


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Citator

Cited By

  • …. Fla. Nov. 1, 2021) (“In issuing a writ of garnishment, the court must not only have personal jurisdiction over the garnishee, but it also must have jurisdiction over the property to be garnished.") (citing Lapinski v. St. Croix Condo. Ass'n, Inc., 2019 WL 1491568, at *1 (M.D. Fla. Jan. 24, 2019)). The parties have separately touched upon these issues in the filings, but it is not clear if the parties' recent settlement resolves these outstanding questions in such a way that allows the Court to grant the Joi…
  • Birmingham v. Rofx.net (S.D. Fla. 2024)
    …itations omitted))). It is Plaintiffs' burden to demonstrate “that the Court has jurisdiction to issue the writ to a garnishee located outside this Court's jurisdictional boundaries.” Lapinski v. St. Croix Condo. Ass'n, Inc., No. 616CV1418ORL40GJK, 2019 WL 1491568, at *1 (M.D. Fla. Jan. 24, 2019) (citing APR Energy, LLC v. Pakistan Power Res., LLC, No. 3:08-cv-961-J-25MCR, 2009 WL 425975, at *1–2 (M.D. Fla. Feb. 20, 2009) (finding that "not only must the [c]ourt have personal jurisdiction over [the] [g]arnish…

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