Florida/Georgia Personal Injury & Workers Compensation

...ed." HENRY P. TRAWICK, JR., FLORIDA PRACTICE AND PROCEDURE § 27-1 (2000). An execution may be levied against various forms of property, such as lands, goods, chattels, equities of redemption in real and personal property, and stock in corporations. § 56.061, Fla....

...m process under applicable non-bankruptcy law. [emphasis added] Under Florida law, property held as tenants by the entirety is exempt from process of the creditors of only one spouse but is not protected from the creditors of both spouses. Fla.Stat. § 56.061 (1988)....

...Lauderdale, for appellees. OWEN, Judge. The instant case presents the following question: does a vendee in possession under an agreement for deed, after default and before relinquishing possession to the vendor, have an equity of redemption within the meaning of Fla. Stat. § 56.061 (1973), [1] thereby making his interest subject to levy and execution upon a judgment *651 at law? We answer this question in the affirmative for the reasons hereinafter set forth....

...on understanding as to its meaning. Pierson v. Bill, supra ; Wildwood Crate and Ice Co. v. Citizens' Bank of Inverness, 98 Fla. 186, 123 So. 699, 702 (1929). We have no doubt that the Florida Legislature has similarly employed the term in Fla. Stat. § 56.061 in its technical or common sense, to denote the title or estate remaining in a mortgagor....

...site term to apply to a vendee's interest under a contract for deed in view of the Florida courts' construction of that instrument as a mere mortgage agreement. The vendee's equity of redemption is thus subject to levy and execution under Fla. Stat. § 56.061....

...ion to appellant, had already occurred by the time of the execution of the quitclaim deed to appellee. Appellee also contends that even if Nix did have an equity of redemption which was subject to levy and sale under execution pursuant to Fla. Stat. § 56.061, that levy and sale was ineffective because of the failure to follow the procedure regarding executions on equities of redemption set forth in Fla....

...dness due vendor under the agreement and to receive a conveyance of the property. The judgment is reversed and this cause remanded for further proceedings consistent herewith. Reversed and remanded. CROSS and MAGER, JJ., concur. NOTES [1] Fla. Stat. § 56.061 (1973) provides: "Lands and tenements, goods and chattels, equities of redemption in real and personal property, and stock in corporations, shall be subject to levy and sale under execution....

...To the extent so charged, the judgment creditor has only the rights of an assignee of such interest. This chapter does not deprive any member of the benefit of any exemption laws applicable to the member's interest. C. Generally Available Creditor's Remedy of Levy and Sale under Execution Section 56.061, Florida Statutes (2008), provides that various categories of real and personal property, including "stock in corporations," "shall be subject to levy and sale under execution." A similar provision giving judgment creditors a remedy ag...

...he payment of his debts.'" Bradshaw v. Am. Advent Christian Home & Orphanage, 145 Fla. 270, 199 So. 329, 332 (1940) (quoting Croom v. Ocala Plumbing & Electric Co., 62 Fla. 460, 57 So. 243, 245 (1911)). At no point have the appellants contended that section 56.061 does not by its own terms extend to an ownership interest in an LLC or that the order challenged in the Eleventh Circuit did not comport with the requirements of section 56.061. Instead, they rely solely on the contention that the Legislature adopted the charging order remedy as an exclusive remedy, supplanting section 56.061. D. Creditor's Remedies Against the Ownership Interest in a Single-Member LLC Since the charging order remedy clearly does not authorize the transfer to a judgment creditor of all an LLC member's "right, title and interest" in an LLC, while section 56.061 clearly does authorize such a transfer, the answer to the question at issue in this case turns on whether the charging order provision in section 608.433(4) always displaces the remedy available under section 56.061. Specifically, we must decide whether section 608.433(4) establishes the exclusive judgment creditor's remedy—and thus displaces section 56.061—with respect to a judgment debtor's ownership interest in a single-member LLC....

...le-member LLC may freely transfer the owner's entire interest in the LLC. This is accomplished through a simple assignment of the sole member's membership interest to the transferee. Since such an interest is freely and fully alienable by its owner, section 56.061 authorizes a judgment creditor with a judgment for an amount equaling or exceeding *81 the value of the membership interest to levy on that interest and to obtain full title to it, including all the rights of membership—that is, unless the operation of section 56.061 has been limited by section 608.433(4)....

...limited partnership statutes therefore decisively undermines the appellants' argument that the charging order provision of the LLC Act—which does not contain such an exclusive remedy provision—should be read to displace the remedy available under section 56.061....

...e-member LLC does not involve the denial of the plain meaning of the statute. Nothing in the text or context of the LLC Act supports the appellants' position. III. CONCLUSION Section 608.433(4) does not displace the creditor's remedy available under section 56.061 with respect to a debtor's ownership interest in a single-member LLC....

...parately upon the LLC. Although a member's interest in an LLC is considered to be personal property, see § 608.431, Fla. Stat. (2008), and personal property is generally an asset that may be levied upon by a judgment creditor under Florida law, see § 56.061, Fla....

...Myrick, challenge the trial court's denial of their motion to set aside a levy and cancel the notice of sale of their partnership interest in Port Richey Shopping Village. They contend their rights in the partnership and its property are not subject to levy under Fla. Stat. § 56.061, and can only be reached by the appellee/plaintiff judgment creditor through a charging order under Fla....

...as Port Richey Shopping Village, a joint venture. On April 19, 1976, the trial court denied the Myricks' motion to set aside the levy and cancel the notice of sale, holding: "... that a partnership interest is property as defined in Florida Statute 56.061, that is subject to levy and sale under execution and that Lott v....

...Although we agree that Accent Realty did not have a judgment lien, we find that on March 2, 1982, when the writ of execution was delivered to the sheriff, Accent Realty acquired an execution lien on Waters' interest in the agreement for deed. Hoffman v. Semet, 316 So.2d 659 (Fla. 4th DCA 1975); § 56.061, Fla....

...6 (Bkrptcy.M.D.Fla.1981); In re Ciccarello, 76 B.R. 848 (1987); cf. In re Koehler, 6 B.R. 203 (Bkrptcy.M.D.Fla. 1980). 5. In Florida, property held as tenants by the entireties is beyond the reach of the creditors of only one spouse but is not protected from the creditors of both spouses. See § 56.061, Florida Statutes (1967); See also, Hunt v....

...intiff's Motion To Enforce Writ Of Execution Served Upon AT & T Corp. be, and the same is hereby, DENIED. Under Florida law, a Writ of Execution is the appropriate mechanism for satisfying a judgment with real or personal property. See Fla.Stat.Ann. § 56.061 (West 1998); see also Spradley v....

...e Florida state law to determine whether the real property is exempt. In Florida, property held as tenants by the entirety is beyond the reach of creditors of only one spouse, but is not beyond the reach of both spouses' creditors. See FLA.STAT.ANN. § 56.061 (West 1994)....

...Likewise the interest in personal property in possession of a vendee under a retained title contract or conditional sale contract shall be subject to levy and sale under execution to satisfy a judgment against the vendee. This shall be done by making levy on such personal property. Section 56.061, Florida Statutes....

...6 (Bkrtcy.M.D.Fla.1981); cf. In re Koehler, 6 B.R. 203 (Bkrtcy.M.D.Fla.1980). 5. In Florida, property held as tenants by the entireties is beyond the reach of the creditors of only one spouse but is not beyond the reach of the creditors of both spouses. See § 56.061, Florida Statutes (1967); see also Hunt v....

...undisputed claim, citing to 11 U.S.C. § 303 (b). Id. .The parties stipulated that SEPH's claim, being based on a final judgment from which no appeal was taken, is not subject to a bona fide dispute as to validity or amount. . § 55.202(c)(2) & § 56.061 Fla. Stat. (2015). . § 56.061 & § 605.0503 Fla....

...Rather than a partition action and sale and credit against the judgment, it would have been much simpler to merely have had the husband's undivided half interest in the Dawn Estates lot levied on and sold at sheriff's sale under execution on the money judgment. ( See § 56.061, et seq., Fla....

...The court based its final holding upon this conclusion, that § 678.317(1) requires actual seizure to perfect a lien against certificated stock. Because the sheriff did not seize the stock, the bankruptcy court held the judgment creditors did not obtain a perfected lien. Section 56.061, Fla.Stat., entitled "Property subject to execution" provides: Lands and tenements, goods and chattels, equities of redemption in real and personal property, and stock in corporations, shall be subject to levy and sale under execution....

...Likewise, the interest in personal property in possession of a vendee under a retained title contract or conditional sale contract shall be subject to levy and sale under execution to satisfy a judgment against the vendee. This shall be done by making the levy on such personal property. 6 Fla.Stat. 56.061 (emphasis added)....

...States. 39 Fla.Stat. 678.317(1) (emphasis added). The exceptions of subsections (3) and (4) are not relevant to this appeal. The judgment creditors argue that the bankruptcy court made two erroneous conclusions: (1) that § 678.317(1) controls over § 56.061, and (2) that § 678.317(1) requires actual seizure to perfect a judgment lien against corporate stock....

...cific statutes prevail over conflicting general statutes, in the absence of legislative intent to the contrary. See State v. Vizzini, 227 So.2d 205 (Fla.1969); Harley v. Board of Public Instruction, 103 So.2d 111 (Fla.1958). They assert that because § 56.061 specifically subjects "stock in corporations" to execution, that particular section of Chapter 56 is more specific than § 678.317(1) with regard to the subject of obtaining and perfecting a judgment lien on corporate stock by means of execution. Although § 56.061 specifies "stock in corporations" along with other categories of personal property, it governs generally personal property....

...In reconciling these two statutes and Florida common law, some background is helpful. Originally, under American common law, shares of stock were not subject to execution. 30 Am Jur 2d, Executions § 143. A statutory change occurred with the adoption of Section 56.061, Fla.Stat., which specifically authorized execution of stock (and other personal property, generally) by levy and sale....

...[4] Now, the manner in which shares of stock may be executed is governed by § 678.317, Fla.Stat., as adopted from U.C.C. § 8-317. Generally, Florida common law creates a lien on leviable personal property when a writ of execution is delivered to the sheriff of the county in which the personal property is located. [5] Section 56.061, Fla....

...The judgment creditors assert that because § 678.317(1) concerns the validity of "levy," not a "lien," it is not relevant. This court disagrees. The statute must be read in its proper context. Generally, personal property is subject to execution. Section 56.061, Fla.Stat....

...In Florida, an execution lien will attach to the goods, chattels, corporate stock and other properties of the judgment debtor, but does not attach to contractual rights or choses in action. See Willard v. Petruska, 402 F.2d 756 (5th Cir.1968); Fla.Stat. § 56.061....

...Name of Notary Public) ..... Committee Notes 1980 Amendment. The description of the property to be levied on has to be made general so it encompasses all property subject to execution under section 56.061, Florida Statutes (1979). 2018 Adoption....

...ome business opportunities to some of its members. The levy is on the stock owned by Appellant and not his membership. We would also assume, however, that one must retain stock in the organization in order to maintain his membership. Florida Statute 56.061 describes property that is subject to execution: "Lands and tenements, goods, and chattels, equities of redemption in real and personal property and stock in corporations, shall be subject to levy and sale under execution." We are unaware of any Florida decisions answering the question probed. The case of Surf Club v. Long, 325 So.2d 66 (3d DCA 1975) recognized that proprietary members of that club had valuable assets which could be protected. Chapter 56.061, Florida Statutes, made no distinction between profit or non-profit corporations....

...Diaz, a/k/a Ruth Albala (Diaz), appeals the trial court's summary judgment in favor of plaintiff, Sandra J. Plumhoff (Plumhoff), which quieted title and declared Plumhoff to be the owner of real property previously owned by Diaz, but deeded to Plumhoff by sheriff's sale under section 56.061, Florida Statutes (1997)....

...Sterling Door & Window Co., 698 So.2d 570 (Fla. 1st DCA 1997); Steinbrecher v. Cannon, 501 So.2d 659 (Fla. 1st DCA 1987); Smith v. Venus Condominium Ass'n, 352 So.2d 1169 (Fla. 1977). Simply stated, Plumhoff short-circuited the regular channel for such collections by proceeding directly under section 56.061, which reads in pertinent part: "Lands and tenements, goods and chattels, equities of redemption in real and personal property, and stock in corporations, shall be subject to levy and sale under execution." The trial judge held that Plumhoff was not required to proceed under section 55.10 because the perfecting of a lien under the circumstances of this case is not necessary in order for the sheriff to proceed under aforementioned section 56.061 of the Florida Statutes....

...Much has been written about the necessity for compliance with the requirements of section 55.10, and we do not readdress that issue, except to hold that compliance was necessary in this case before the sheriff was empowered to proceed with levy and sale under section 56.061....

...Final process is the last process in a suit to enforce execution of a judgment and is distinguished from mesne process, which includes writs issued during the progress of a case and before final judgment. See BLACK'S LAW DICTIONARY 1370 (6th ed.1990). Section 56.061 only describes the types of property which are subject to levy and sale under execution. A judgment creditor must first perfect a lien against the lands of a judgment debtor before proceeding with final process under section 56.061....

...rty, pursuant to section 55.10. Section 55.10(1) outlines the procedure for creating judgment liens on real property. A judgment creditor must first perfect a lien against the lands of a judgment debtor before proceeding with the final process under section 56.061, Florida Statutes....

...In its eertified-question response, the Florida *1330 Supreme Court explained that the charging-order remedy provided by Section 608.433(4) does not establish the exclusive remedy for judgment-creditors of single-member LLCs. The charging-order provision does not supplant the remedy provided in Fla. Stat. § 56.061 , which allows “stock in corporations” to be “subject to levy and sale under execution.” Instead, the charging-order remedy “provides a special means ......

...Supreme Court explained that the charging-order remedy provided by Section 608.433(4) does not establish the exclusive remedy for judgment-creditors of single-member LLCs. The charging-order provision does not supplant the remedy provided in Fla. Stat. § 56.061, which allows “stock in corporations” to be “subject to levy and sale under execution.” Instead, the charging-order remedy “provides a special means ....

...WITNESS my hand-and-fche-seal- of-this court DATED on_, 19_ (Name of Clerk) As Clerk of the Court By- As Deputy Clerk Committee Note The description of the property to be levied on has been made general so it encompasses all property subject to execution under section 56.061, Florida Statutes (1979)....

...19.(date)...., until paid and to have this writ before the court when satisfied. DATED on.,19. *1134 (Name of Clerk) As Clerk of the Court By- As Deputy Clerk Committee Note 1980 Amendment. The description of the property to be levied on has been made general so it encompasses all property subject to execution under section 56.061, Florida Statutes (1979)....

...4th DCA 1975), where it was held that a vendee in possession under an agreement for deed, after default and before relinquishing possession, had an equity of redemption which was subject to levy and execution under a judgment, within the meaning of § 56.061, Florida Statutes (1973).

...stock to allow Harris an opportunity to either post bond or obtain a decision from the Texas court. Ultimately, the trial court granted Virage’s motion to compel and ordered Harris to turnover his stock in the law firms. It cited sections 56.061 and 678.1121(5), Florida Statutes, and Street v....

...We reject Harris’ arguments and attempts to distinguish binding statutes and precedent simply because of the types of cases the law firm handles. 3 We affirm in all 3 We further reject Harris’ as-applied constitutional challenge to sections 56.061 and 678.1121, Florida Statutes....

...(1889) (“That shares of stock in any corporation incorporated by the laws of this State shall be subject to levy of attachments and executions, and to sale under executions on judgments or decrees of any court in this State.”). In its present form, section 56.061, Florida Statutes, provides: Lands and tenements, goods and chattels, equities of redemption in real and personal property, and stock in corporations, shall be subject to levy and sale under execution. Likewise...

...vendee under a retained title contract or conditional sale contract shall be subject to levy and sale under execution to satisfy a judgment against the vendee. This shall be done by making the levy on such personal property. § 56.061, Fla....

...pers remain in storage, inaccessible to anyone. The Luskins have appealed from these two final orders. Five points have been raised in this appeal, only three of which require treatment. The Luskins’ first claim that the order was improper because section 56.061, Florida Statutes (1989), does not authorize the levy on papers and documents....

...are not subject to attachment. The Luskins conclude that the rule in Cerna should apply to executions as well because section 76.01, Florida Statutes (1989), which defines the property that is subject to attachment, is precisely the same as section- 56.061, Florida Statutes, which defines property that is subject to execution....

...Second, the analogy appears to be without merit because the two sections are not precisely the same. Section 76.01 provides that “[a]ny creditor may have an attachment at law against the goods and chattels, lands and tenements of his debtor,” while section 56.061 provides that “[ljands and tenements, goods and chattels, equities of redemption in real and personal property, and stock in corporations, shall be subject to levy and sale under execution.” Unlike section 76.01, the list of items in section 56.061 does include certain papers and documents of value....

...er the Trustee is entitled to review the information contained on the seized computers. It is the Trustee's argument that he is entitled to review the documents seized for the purpose of determining if they have inherent value pursuant to Fla. Stat. § 56.061, which defines property that is subject to execution....

...ation contained therein, since it is her position that the documents were improperly seized. The enforcement of a judgment through a writ of execution is controlled by Florida state law. Fed.R.Civ.P. 69, Chapter 56, Fla. Stat. Pursuant to Fla. Stat. § 56.061, "Lands and tenements, goods and chattels, equities of redemption in real and personal property, and stock in corporations, shall be subject to levy and sale under execution." While Fla. Stat. § 56.061 describes categories of items that are subject to levy, the statute gives no direction regarding the process on how to inspect the property to determine which items fall within these categories....

...The terms of the sale are not involved in this appeal. -3- is not enough to classify the order as an injunction. Most orders require a party to take some action or face a consequence. Corporate stock can be property subject to execution. See § 56.061, Fla. Stat....

...524 of the Florida Statutes, F.S.A. was then applicable. The court stated: “It must be presumed that the Legislature was aware of the fact that the statute designating the property subject to levy and sale under execution to satisfy a judgment lien [now Section 56.061, Florida Statutes] did not and does not include in its enumeration mere contractual rights or choses in action, such as a mortgage or account receivable; and that this court has expressly held that they are not, therefore, subject to levy and sale under execution nor to the lien of an execution....

...ch the property is located, if the address of the person who has the lien is contained in the judgment or is simultaneously recorded in a separate affidavit. The establishment of the priority of such a lien, however, is not addressed in the statute. Section 56.061 , Florida Statutes, specifies that "[l]ands and tenements, goods and chattels, equities of redemption in real and personal property, and stock in corporations, shall be subject to levy and sale under execution." All sales, both for rea...