The opinion
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
FRESENIUS VASCULAR CARE, INC.
and NATIONAL MEDICAL CARE,
INC.,
Plaintiffs,
v. Case No: 8:21-cv-1474-VMC-JSS
INDI VASUDEVA and TAMPA
RENAL PHYSICIANS, P.L.,
Defendants.
___________________________________/
ORDER
Plaintiff Fresenius Vascular Care, Inc. moves the court for writs of garnishment
after judgment directed to Bank of America, N.A., Voya Financial Advisors, Inc.,
Regional Financial Corporation d/b/a Regions Bank, and Adventist Health
System/Sunbelt, Inc., pursuant to Federal Rules of Civil Procedure 64 and 69(a) and
Sections 77.01 and 77.03 of the Florida Statutes. (Motion, Dkt. 51.) At the court’s
request, Plaintiff supplemented the Motion and the proposed writs of garnishment to
include addresses for each of the proposed garnishees. (Dkt. 54.) Upon consideration
of the Motion and the supplement, the Motion is granted.
BACKGROUND
On January 28, 2022, the court granted in part Plaintiff’s motion for default
judgment and directed the Clerk to enter judgment in favor of Plaintiff against
Defendants. (Dkt. 18.) The Clerk of Court thereafter entered judgment in favor of
Plaintiff against Defendant Dr. Indi Vasudeva in the amount of $144,487.48 plus pre-
judgment interest that has accrued since August 29, 2020, and post-judgment interest
at the statutory rate; against Defendant Tampa Renal Physicians, P.L. in the amount
of $433,462.43, plus pre-judgment interest that has accrued since August 29, 2020 and
post-judgment interest at the statutory rate; and awarded $532 in recoverable costs
against both Defendants, jointly and severally. (Dkts. 19, 22, 23.) On March 1, 2023,
the court granted Plaintiff’s motion for issuance of writs of execution regarding the
judgments against Defendants. (Dkt. 38.)
Plaintiff alleges that Defendant Vasudeva maintains checking, savings or other
depository accounts with Garnishee Bank of America and a financial account or
insurance policy with Garnishee Voya Financial Advisors. (Dkt. 51 at 3.) Plaintiff
also alleges that Defendant Vasudeva is presently employed by and receiving wages
from Garnishee Adventist Health System/Sunbelt, Inc. (Id.) Accordingly, Plaintiff
moves for writs of garnishment directed to Bank of America and Voya Financial
Advisors (Dkts. 54-1, 54-2) and a continuing writ of garnishment directed to Adventist
Health System/Sunbelt, Inc. (Dkt. 54-4). Plaintiff also alleges that Defendant Tampa
Renal maintains two business checking accounts at Garnishee Regions Financial (Dkt.
51 at 3–4) and has moved for a writ of garnishment directed to Regions Financial (Dkt.
54-3).
APPLICABLE STANDARDS
A party may enforce a money judgment by a writ of execution. Fed. R. Civ. P.
69(a)(1). The procedure must accord with the procedure of the state where the court
is located. Id. In Florida, a person who has recovered a judgment in any court against
any entity has a right to a writ of garnishment. Fla. Stat. § 77.01. Chapter 77 of the
Florida Statutes sets forth the procedure for obtaining a writ of garnishment under
Florida law. After judgment has been obtained against a defendant, but before the
writ of garnishment is issued, the plaintiff shall file a motion stating the amount of the
judgment. Fla. Stat. § 77.03. The proposed writ shall state the amount named in the
plaintiff’s motion and require the garnishee to serve an answer on the plaintiff within
twenty days after service of the writ. Fla. Stat. § 77.04. In addition, when the
judgment-debtor’s salary or wages are to be garnished to satisfy a judgment, Section
77.0305 of the Florida Statutes allows the court to issue a continuing writ of
garnishment to the judgment debtor’s employer. Commc’ns Ctr., Inc. v. Komatsu, No.
6:05-cv-1254-Orl-31GJK, 2008 WL 2717669, at *1 (M.D. Fla. June 27, 2008). A
continuing writ of garnishment “provides for the periodic payment of a portion of the
salary or wages of the judgment debtor as the salary or wages become due until the
judgment is satisfied or until otherwise provided by court order.” Fla. Stat. § 77.0305.
Post-judgment writs of garnishment may be issued ex parte and without notice to the
judgment debtor. See United Presidential Life Ins. Co. v. King, 361 So. 2d 710, 713 (Fla.
1978); Commc’ns Ctr., Inc., 2008 WL 2717669, at *1 (citing Brown v. Liberty Loan Corp.
of Duval, 539 F.2d 1355, 1363 (5th Cir. 1976)).
ANALYSIS
As Plaintiff has obtained judgments against Defendants, Plaintiff has a right to
a writ of garnishment. Fla. Stat. § 77.01. Plaintiff’s Motion states the amounts of the
judgments obtained against Defendants. (Dkt. 51 at 1–2.) Plaintiff attached proposed
writs as exhibits to the Motion (Dkts. 51-1, 51-2, 51-3, 51-4) and provided revised
proposed writs in its supplement (Dkts. 54-1, 54-2, 54-3, 54-4.) Each proposed writ
states the amount that Plaintiff was awarded against each Defendant as listed in the
Motion and directs each garnishee entity to respond within 20 days. (Id.)
Accordingly:
1. Plaintiff Fresenius Vascular Care, Inc.’s Motion for Issuance of Writs of
Garnishment (Dkt. 51) is GRANTED.
2. The Clerk of Court shall issue a writ of garnishment to Bank of America,
c/o its registered agent for service located at 1200 S. Pine Island Rd.,
Plantation, Florida, 33324. The Clerk shall use the proposed Writ of
Garnishment attached to Plaintiff’s supplement. (Dkt. 54-1.) The writ
of garnishment shall include copies of Plaintiff’s Motion (Dkt. 51),
Plaintiff’s supplement (Dkt. 54), and the judgments against Defendant
Vasudeva (Dkts. 19, 22). The Clerk shall also attach to the writ the
“Notice to Defendant” required by Section 77.041(1) of the Florida
Statutes.
3. The Clerk of Court shall issue a writ of garnishment to Voya Financial
Advisors, Inc., c/o its registered agent for service located at 1201 Hays
St., Tallahassee, Florida 32301. The Clerk shall use the proposed Writ
of Garnishment attached to Plaintiff’s supplement. (Dkt. 54-2.) The writ
of garnishment shall include copies of Plaintiff’s Motion (Dkt. 51),
Plaintiff’s supplement (Dkt. 54), and the judgments against Defendant
Vasudeva (Dkts. 19, 22). The Clerk shall also attach to the writ the
“Notice to Defendant” required by Section 77.041(1) of the Florida
Statutes.
4. The Clerk of Court shall issue a writ of garnishment to Regions Financial
Corporation d/b/a Regions Bank, c/o its registered agent located at 1201
Hays St., Tallahassee, Florida 32301. The Clerk of Court shall use the
proposed Writ of Garnishment attached to Plaintiff’s supplement. (Dkt.
54-3.) The writ of garnishment shall include copies of Plaintiff’s Motion
(Dkt. 51), Plaintiff’s supplement (Dkt. 54), and the judgments against
Defendant Tampa Renal Physicians (Dkts. 19, 23).
5. The Clerk of Court shall issue a continuing writ of garnishment against
salary or wages to Adventist Health Systems/Sunbelt, Inc., c/o its
registered agent located at 900 Hope Way, Altamonte Springs, Florida
32714. The Clerk shall use the proposed Writ of Garnishment attached
to Plaintiff’s supplement. (Dkt. 54-4.) The writ of garnishment shall
include copies of Plaintiff’s Motion (Dkt. 51), Plaintiff’s supplement
(Dkt. 54), and the judgments against Defendant Vasudeva (Dkts. 19, 22).
The Clerk shall also attach to the writ the “Notice to Defendant” required
by Section 77.041(1) of the Florida Statutes.
6. Plaintiff is directed to comply with Section 77.041(2) of the Florida
Statutes.
ORDERED in Tampa, Florida, on August 3, 2023.
JUEIE $. SNEED
UNITED STATES MAGISTRATE JUDGE
Copies furnished to:
Counsel of Record
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