final until disposition of timely filed motion for rehearing.
Appeal from a non-final order from the Circuit Court for
Miami-Dade County, John W. Thornton, Jr., Judge, Lower
Tribunal No. 17-07227.
S. Rogow and Tara A. Campion (Ft. Lauderdale), for appellant.
AGENTIS, PLLC, Christopher B. Spuches, Jake M. Greenberg, and
Alexander G. Strassman, for appellee.
FERNANDEZ, SCALES, and LINDSEY  , JJ.
Fiorentino ("Fiorentino") served as a corporate
director and Chief Executive of Technology Products for
Systemax, Inc. ("Systemax"), a publicly traded
company. Following allegations of fraud, on April 18, 2011,
Systemax filed its Form 8-K,  where it publicly announced the
conclusion of an internal audit investigation of Fiorentino.
Shortly thereafter, Fiorentino resigned on May 6, 2011.
Simultaneously with Fiorentino's resignation, Fiorentino
and Systemax entered into a settlement agreement requiring
Fiorentino to surrender assets valued at approximately $11
million to Systemax. As part of the settlement, Fiorentino
agreed to five-year noncompetition and non-solicitation
the Federal Government charged Fiorentino with conspiracy to
commit securities fraud and to impede and impair the Internal
Revenue Service in violation of 18 U.S.C. § 371.
Fiorentino entered into a plea agreement. Pursuant to the
plea agreement, he was sentenced to 60 months of imprisonment
and three years of supervised release. As part of the
sentence, Fiorentino was ordered to pay $35, 867, 883 in
restitution to Systemax.
March 29, 2017, Systemax recorded the restitution judgment
pursuant to 18 U.S.C. § 3664 (m)(1)(B). Thereafter,
Fiorentino filed a counterclaim seeking declaratory and
injunctive relief, along with a Section 55.509 objection to the
enforcement of the federal judgment. Fiorentino also recorded
a lis pendens as to the foreign judgment. In the
counterclaim, Fiorentino contended that enforcement of the
restitution order was precluded by: (1) his settlement
agreement with Systemax, and (2) 18 U.S.C. § 3664
(m)(1), which, Fiorentino argued, provided the federal
government the sole right to enforce an order of restitution.
Systemax moved to overrule Fiorentino's objection,
dissolve the lis pendens, and lift the stay of enforcement.
Thereafter, Systemax served Fiorentino with discovery in aid
of execution. The discovery consisted of, among other things,
103 requests for production, seeking Fiorentino's
personal financial information. Fiorentino moved for a
protective order and requested a stay of discovery.
a hearing, the trial court entered the order on appeal. In
the order, the trial court concludes that, although a victim
is entitled to domesticate a federal restitution judgment,
only the United States government may pursue enforcement of
the lien created thereby. The trial court, however, rejected
Fiorentino's argument that enforcement was precluded by
the settlement agreement, finding that criminal restitution
is "a separate and distinct remedy from that of the
civil case that was previously settled." For this
reason, the trial court declined to rule on Fiorentino's
request for declaratory judgment and injunctive relief. In
sum, the trial court denied Systemax's motions to
overrule the objection, entered a stay, and dissolved the lis
pendens. Consistent with its rulings, the court granted
Fiorentino's motion for a protective order and stayed
discovery of Fiorentino's personal financial information.
This appeal followed.
issue on appeal is whether 18 U.S.C. §3664 (m)(1)(B)
authorizes a criminal victim to pursue collection of a
federal restitution order in state court.
STANDARD OF REVIEW
pure question of statutory interpretation, we review this
matter de novo. Borden v. East-European Ins. Co.,
921 So.2d 587, 591 (Fla. 2006).
claims that we have jurisdiction based on Florida Rule of
Appellate Procedure 9.030(b)(1)(A). However, that rule
generally pertains to appeals from final orders. The order at
issue is not a final order.
the trial court's order dissolved a lis pendens. In
Rodriguez v. Guerra, 254 So.3d 521 (Fla. 3d DCA
2018), we addressed this court's ...