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Branch Banking and Trust Co v. Crystal Centre, LLC

United States District Court, M.D. Florida, Tampa Division

February 2, 2018

BRANCH BANKING AND TRUST COMPANY, Plaintiff,
v.
CRYSTAL CENTER, LLC, et al., Defendants.

          REPORT AND RECOMMENDATION

          AMANDA ARNOLD SANS ONE United States Magistrate Judge

         Before the court is Branch Banking and Trust Company's (“BB&T”) Motion for Final Judgment in Garnishment Regarding Garnishee TD Ameritrade (Doc. 292), the Response in Opposition (Doc. 305) filed by Oswald Carrerou and non-party Leah Carrerou (together, “Carrerous”), and BB&T's Reply (Doc. 333).

         I. Background

         This matter comes before the undersigned in relation to an August 4, 2016, judgment against Mr. Carrerou in the amount of $927, 149.53 plus post-judgment interest (Doc. 45) and a subsequent award of attorney's fees and costs in the amount of $64, 918.35. (Doc. 103). Immediately after the judgment was entered, BB&T began collection efforts.

         On August 25, 2016, the court issued a writ of garnishment against TD Ameritrade. (Doc. 53). TD Ameritrade timely served an answer to the writ of garnishment. (Doc. 82). In the instant Motion for Final Judgment in Garnishment Regarding TD Ameritrade (Doc. 292), BB&T now seeks final judgment in garnishment as to a brokerage account held by TD Ameritrade. The court held an evidentiary hearing on the motion on November 13, 2017.

         II. Procedural History

         1. On August 4, 2016, the Court entered a Final Judgment against Defendant Carrerou in the amount of $927, 149.53, plus post-judgment interest. (Doc. 45). On July 25, 2017, upon the Joint Stipulation of BB&T, Mr. Carrerou, Mrs. Carrerou, and another Garnishee, Citizens Bank & Trust (Doc. 278), the undersigned granted final judgment in garnishment on the writ against Garnishee Citizens Bank & Trust in the amount of $5, 841.18. (Doc. 281). Therefore, $921, 308.35 of the awarded judgment, plus post judgment interest, remains outstanding.[1]

         2. Mrs. Carrerou is not a party to the judgment against her husband Mr. Carrerou.

         3. On August 19, 2016, BB&T filed an Ex-Parte Motion for Writs of Garnishment (Doc. 49), which was granted by the Court on August 24, 2016. (Doc. 52).

         4. On August 25, 2016, the court issued a writ of garnishment against Garnishee TD Ameritrade (Doc. 53).

         5. BB&T served the Writ of Garnishment on TD Ameritrade on August 29, 2016. (Doc. 82, p. 2).

         6. On September 1, 2016, BB&T served on Mr. Carrerou the Claim of Exemption Notice, pursuant to Section 77.041, Fla. Stat. (Doc. 77).

         7. On September 2, 2016, TD Ameritrade served its Answer to the Writ of Garnishment (Doc. 82).

         8. In its answer, TD Ameritrade stated that Mr. Carrerou maintained a brokerage account at TD Ameritrade bearing the account number XXX-XX6950 in the name of OSWALD CARREROU and LEAH CARREROU JOINT TENTANTS WROS. (Doc. 82, pp. 1-2). TD Ameritrade also stated that as of market close on September 2, 2016, the value of the brokerage account was $30, 819.14. (Id. at 2).

         9. On September 8, 2016, BB&T mailed the Motion to Dissolve notice to Mr. Carrerou. (Doc. 96).

         10. On November 17, 2016, Mr. Carrerou filed a Claim of Exemption (Doc. 172) and, together with non-party Mrs. Carrerou, filed a Motion to Dissolve the Writ of Garnishment (Doc. 171), to which BB&T responded in opposition. (Docs. 179).

         11. On December 19, 2016, the court denied the Claim of Exemption and Motion to ...


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