The 2022 Florida Statutes (including 2022 Special Session A and 2023 Special Session B)
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Plaintiff argues that Drivrz Financial's attempt to invoke §56.16 is untimely. It cites Caballero v. Fuerza Armadas Revolucionarios de Colombia, No. 18-25337, 2023 WL 187685 (S.D. Fla. Jan. 15, 2023) for the proposition that a third party can invoke the procedures under §56.16 only prior to the auction sale. ECF No. 539 at 3.Plaintiff argues that the Interested Parties are precluded from seeking relief because they failed to provide a bond and an affidavit, as required by Chapter 56 of the Florida Statutes. ECF No. [192] at 3. Plaintiff references four sections of Chapter 56, Sections 56.12, 56.15, 56.16, and 56.17. See ECF No. [192] at 2. Although the applicability of each varies based on whether the interested parties are considered judgment debtors or non-judgment debtors, the bond and affidavit requirements are the same. Plaintiff contends the Interested Parties were required to post a bond in the amount of $155,775,586.44, equal to double the value of the properties at issue. Id.; ECF No. [192-1] at 3. Such a requirement, Plaintiff asserts, is not waivable and precludes any challenge to the sale. See ECF No. [192] at 2.Fourteen days from the date of service of this “Court Notice to Appear”, issued pursuant to Rule 69, Fed.R.Civ.P. and Fla. Stat. §56.29(2)(2016), you shall make an appearance and file an Affidavit with this Court, as provided by Fla. Stat. §56.16, stating why relief (as described in the “Motion for Order of Impleader and Proceeding Supplementary” [DE 46]) should not be granted and showing cause why execution should not issue against your assets to satisfy the Judgments entered against Supersonic of Florida, Inc....2. Ms. King shall serve the Motion and Notice to Appear upon the impleaded third-parties, Kelly Galardi as Trustee and Michael Porter directing them to file an affidavit pursuant to Fla. Stat. § 56.16, with the Court within 7 business days from the date of Service of the Notice to Appear.Upon filing of the motion and affidavits that property of the judgment debtor, or any debt, or other obligation due to the judgment debtor in the custody or control of any other person may be applied to satisfy the judgment, then the court shall issue a Notice to Appear. The Notice to Appear shall direct such person to file an affidavit, as provided in s. 56.16, with the court by a date certain, which date shall not be less than 7 business days from the date of service of the Notice to Appear, stating why the property, debt, or other obligation should not be applied to satisfy the judgment. . . . The Notice to Appear must describe with reasonable particularity the property, debt, or other obligation that may be available to satisfy the judgment, must provide such person with the opportunity to present defenses, and must indicate that discovery as provided under the rules of civil procedure is available and that there is a right to a jury trial as provided in s. 56.18. The Notice to Appear must be served as provided for in chapter 48. A responding affidavit must raise any fact or defense opposing application of the property described in the Notice to Appear to satisfy the… the Vessel Date Description Amount 10/16/2020 Witness Compensation for Trial Witness Grzeszczak $ 56.16 No receipt Uber fees to serve Grzeszczak at his residence $ 114.77 10/14/2020 FedEx charge for overnight
the Vessel Date Description Amount 10/16/2020 Witness Compensation for Trial Witness Grzeszczak $ 56.16 No receipt Uber fees to serve Grzeszczak at his residence $ 114.77 10/14/2020 FedEx charge for overnight
This finding renders moot Travelers's alternative argument that, even if section 56.18 entitles Clayton and Olga Kearney (but not Bing Kearney, who is not a "third party" covered by the statute) to a jury trial, Clayton and Olga have not complied with the affidavit and bond requirements set forth in section 56.16. (Doc. 1005). While the Court need not address this contention, it does note that section 56.16 also does not appear to be applicable here. Under that provision, if a third party, other than the judgment debtor, "claims any property levied on, he or she may obtain possession of the property by filing . . . an affidavit . . . and by furnishing the officer a bond. . . ." Fla. Stat. § 56.16. This requirement applies to property which has been levied on and which is not in the third party's possession. See Bally Case & Cooler, Inc. v. H. Kaiser Assoc., Inc., 514 F. Supp. 352, 355 (S.D. Fla. 1981) (holding that section 56.16 did not apply to a third party who was in possession of the property at issue); Sanchez v. Century Everglades, LLC, 946 So. 2d 563, 565 n.2 (Fla. Dist. Ct. App. 2006) (rejecting argument that the third party failed to… 2018 Adoption. Form 1.914(c) is used by a claimant to respond to a Notice to Appear under section 56.29(2), Florida Statutes. Legal defenses need not be filed under oath, but must be served contemporaneously with the affidavit. If the claimant's property has already been levied upon, he or she may obtain possession of the property by filing with the officer having the execution a copy of this affidavit and by furnishing the officer a bond with surety, as set forth in section 56.16, Florida Statutes.. . . may enter any orders, judgments, or writs ... including entry of money judgments as provided in ss. 56.16 . . .
. . . a copy of this affidavit and by furnishing the officer a bond with surety, as set forth in section 56.16 . . .
. . . Here, Appellant had available to it section 56.16, Florida Statutes (2015), which provides that “any . . .
. . . Any person aggrieved by the levy may proceed under [sections] 56.16-56.20. Id. (alteration added). . . .
. . . Any person aggrieved by the levy may proceed under ss. 56.16-56.20. .Effective July 1, 2014, Section . . .
. . . . § 56.16 (outlining procedure for third-party claimants to halt an execution sale); Fla. . . .
. . . . § 56.29(6)(b), and the court’s order would trigger procedural safeguards — codified at sections 56.16 . . . Id. § 56.16. . . . Any person aggrieved by the levy may proceed under §§ 56.16-56.20. Id. § 56.29(6). . . . .
. . . Moore, Federal Practice ¶ 56.16[3] at 56-486 to 56-487 (2d ed.1976))). . . .
. . . Any person aggrieved by the levy may proceed under ss. 56.16-56.20. (9) The court may enter any orders . . .
. . . Century's argument that Sanchez never filed an affidavit with the county sheriff, pursuant to sections 56.16 . . . See Section 56.16, Florida Statutes (2005). . . .
. . . Mitchell and Alice Kane will pay to the Town on a monthly basis $56.16 during this six months. . . . The Kanes made their six payments of $56.16, and began to make the larger payments required because, . . .
. . . (Tr. at 56.16). . . .
. . . $2,482.00 indebtedness, and would cure the arrearages of $1,650.00 through the trustee’s application of $56.16 . . . Payments of $56.16 over 34 months total $1,909.55. . . .
. . . See §§ 56.16, 56.21, Fla.Stat. (1991); see generally Coe v. . . .
. . . Quinn, individually, sought protection under section 56.16, et. seq., Florida Statutes. . . . .
. . . CHOCTAW 2,018 100.00% 319 15.81% 1,694 83.94% 1 0.05% 3 0.15% 1 0.05% 3,606 100.00% 1,567 43.46% 2,025 56.16% . . .
. . . Any person aggrieved by the levy may proceed under ss. 56.16-56.20. . . .
. . . Wicker, supra at § 56.16 and the cases cited therein. . . .
. . . Any person aggrieved by the levy may proceed under §§ 56.16-56.20. . . .
. . . Any person aggrieved by the levy may proceed under ss. 56.16-56.20.” . . . .
. . . In a proceeding held pursuant to Sections 56.16 through 56.18, Florida Statutes, which provide for resolution . . .
. . . The program is jointly funded by state general revenue (43.83%) and federal matching funds (56.16%). . . .
. . . The program is jointly funded by state general revenue (43.83%) and federal matching funds (56.16%). . . .
. . . Following the procedure set out in Sections 56.16 through 56.18, Florida Statutes, a hearing was conducted . . .
. . . Kane, Federal Practice & Procedure, § 2728 at 191 (2d ed. 1983); Moore’s Federal Practice, ¶ 56.16 (2nd . . .
. . . Kane, Federal Practice & Procedure, § 2728 at 191 (2d ed. 1983); Moore’s Federal Practice, ¶ 56.16 (2nd . . .
. . . Appellant contends section 56.16, Florida Statutes (1983), which requires a bond as a condition to a . . . of his catering box by filing with the sheriff an affidavit of ownership, as required under section 56.16 . . . The court noted that appellant’s proper remedy was section 56.16. . . . Appellant contends he was denied, under section 56.16, Florida Statutes, a post-seizure hearing in which . . . Section 56.16 is part of a legislative scheme, encompassing sections 56.16 through 56.20, Florida Statutes . . .
. . . Therefore, Finlayson’s “true” hourly wage is $13,207 divided by 2,920 (56.16 hours per week multiplied . . .
. . . LOVE FIELD [includes census tract 4 03]: tracts 4 01 (western edge of Little Mexico) (56.16% hispanic . . .
. . . Any person aggrieved by the levy may proceed under ss. 56.16-56.20. (9) The Court may enter any orders . . .
. . . motion for summary judgment when there is no genuine issue as to any material fact. 6 Moore’s Fed.Pract. 56.16 . . .
. . . . § 56.16 is applicable and that it provides the exclusive remedy available to a third party claiming . . . Section 56.16 does provide a mechanism whereby a third party may claim property upon which a judgment . . . Finally, the claimant was able to proceed by complying with the procedures set forth in Fla.Stat. § 56.16 . . . Florida Statute § 56.16 does not apply to property in the possession of and titled in third parties. . . . Any person aggrieved by the levy may proceed under ss. 56.16-56.20. (7) At any time the court may refer . . .
. . . when the nature of the case “requires the full exploration of a trial.” 6 Moore’s Federal Practice ¶ 56.16 . . .
. . . .-04[2], 56.16.) . . .
. . . Professor Moore, in commenting upon the above case, writes, (U 56.16 p. 56-666): Certainly the doctrine . . . See also 6 Moore’s Federal Practice H 56.16 at 56-661. . . .
. . . genuine issue of material fact, is not a bar to a summary judgment. 6 Pt. 2 Moore’s Federal Practice 56.16 . . .
. . . Court seeking to enjoin a sale pursuant to the levy, and asserting the unconstitutionality of Section 56.16 . . . application for temporary injunction was denied he posted a bond on May 15, 1976, as required by Section 56.16 . . .
. . . without genuine issues of material fact does not bar a summary judgment, 6 Moore’s Federal Practice ¶ 56.16 . . .
. . . See, 6 Moore’s Federal Practice, ¶ 56.16, at 661 (2nd ed. 1976). II. . . .
. . . See also 6 Moore’s Federal Practice ¶ 56.16 at 56-661. . . .
. . . Moore’s Federal Practice § 56.16 at 637. . . .
. . . its suggestion, the Bank, after basically alleging the facts recited above, concluded that Section 56.16 . . . Sec. 56.16, Fla.Stat., provides, in pertinent part: ", . . . . .
. . . Section 56.16, Florida Statutes (1976), provides that a third party claimant (such as appellee) to property . . .
. . . On a second, Washington National Life # N-345023, all premiums except $56.16, were paid by John during . . .
. . . Any person aggrieved by the levy may proceed under §§ 56.16-56.20. (7) At any time the court may refer . . .
. . . no genuine issue of material fact, is not a bar to summary judgment. 6 Moore’s Federal Practice, ¶ 56.16 . . .
. . . See 6 Moores Federal Practice, § 56.16 and the host of cases there cited. . . .
. . . . § 56.16 et seq., F.S.A. The petition for rehearing is otherwise Denied. ADKINS, C. . . .
. . . Healy, Fla.App. 1962, 138 So.2d 96; §§ 30.30, 56.16, 56.17, Fla.Stat., F.S.A. . . .
. . . . § 56.16, especially pages 2452-53. . . . .
. . . Moore, Federal Practice, j[56.16 at 2447 (2d ed. 1966). . . .
. . . Moore, Federal Practice ¶ 56.16 (2d ed. 1966). . . .
. . . United States, 149 F.2d 130, 135 (2d Cir. 1945); 6 Moore, Federal Practice ¶ 56.16, p. 2447 (2d ed. 1966 . . .
. . . See generally 6 Moore, Federal Practice ¶[ 56.16 (2d ed. 1965). . . .
. . . See generally 6 Moore, Federal Practice ¶ 56.16 (2d ed. 1965). . Cf. Allis-Chalmers Mfg. Co. v. . . .
. . . going through the trial when there is no issue of fact to be tried. 6 Moore’s Federal Practice, Section 56.16 . . .
. . . . §§ 56.15[6], 56.16 (2d Ed. 1953), the former section comments at pp. 2158 — 2159: “* * * the court . . .
. . . courts in a not unrelated procedural area, see 6 Moore, Federal Practice (1953 ed.), j[ 56.15 and U 56.16 . . .
. . . City of Daytona Beach, Fla.App.1960, 121 So.2d 440; Moore’s Federal Practice, 2d Ed., Vol. 6, § 56.16 . . .
. . . To this the Board added a 4.02 percent profit allowance of $56.16, making the total amount of the adjustment . . .
. . . To this the Board added a 4.02 percent profit allowance of $56.16, making the total amount of the adjustment . . . To this should be added a 4.02% profit allowance ($56.16) making the total amount of the price adjustment . . .
. . . .) ¶ 56.16. . . .
. . . . ¶56.16, p. 2166. . 7 Moore’s Fed.Prae. ¶56.15, p. 2158. . . . .
. . . The land-grant deduction by the plaintiff was $56.16; it has not received any part thereof, and it did . . .