Opinion

UNITED STATES DISTRICT COURT

MIDDLE DISTRICT OF FLORIDA

OCALA DIVISION

CLAYTON REALTY COMPANY,

LLC,

Plaintiff,

v. Case No: 5:24-cv-319-JSM-PRL

KKM DIAGNOSTIC IMAGING

GROUP, INC.,

Defendant.

ORDER

This cause comes before the Court on Plaintiff’s Motion for Issuance of Post-Judgment

Writ of Garnishment Against KKM Diagnostic Imaging Group, Inc. (Doc. 41). Plaintiff

moves for the issuance of a post-judgment writ of continuing garnishment directed at

Visionary Oncology of Ocala, LLC, as garnishee. (Id. at pp. 1, 3). Upon due consideration,

Plaintiff’s motion is granted.

I. BACKGROUND

On September 18, 2025, the Court entered final judgment in favor of Plaintiff and

against Defendant in the amount of $143,669.00. (Doc. 35; see Doc. 34). On October 21, 2025,

a bill of costs was taxed against Defendant in the amount of $2,191.20. (Doc. 40). Plaintiff

contends that Defendant has not satisfied any portion of the judgment, and that it has

information to indicate that Visionary Oncology of Ocala, LLC “is in the possession of funds

belonging to the [Defendant] which may be applied to the balance owed on the judgment.”

(Doc. 41 at p. 2). As such, Plaintiff seeks the issuance of a post-judgment writ of continuing

garnishment as to Visionary Oncology of Ocala, LLC in the amount of $151,046.65, which

includes the principal amount of $143,669.00, plus post-judgment interest of $5,186.45 and

costs of $2,191.20. (Id.).

II. LEGAL STANDARDS

Pursuant to Federal Rule of Civil Procedure 69, a party may enforce a money

judgment by a writ of execution. See Fed. R. Civ. P. 69(a)(1). The procedure “must accord

with the procedure of the state where the court is located.” See id. In the state of Florida, a

person who has recovered a judgment in any court against any entity has a right to a writ of

garnishment. See Fla. Stat. § 77.01. Where the judgment debtor’s salary or wages are to be

garnished to satisfy a judgment, Fla. Stat. § 77.0305 allows the court to issue a continuing

writ of garnishment to the judgment debtor’s employer. See Fla. Stat. § 77.0305; Commc’ns

Ctr., Inc. v. Komatsu, No. 6:05-cv-1254-ORL-31UAM, 2008 WL 114920, at *1 (M.D. Fla. Jan.

8, 2008). A continuing writ of garnishment provides for “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.” See Fla. Stat. § 77.0305.

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 plaintiff’s motion” and “require the garnishee to serve an answer on the plaintiff within 20

days after service of the writ.” See Fla. Stat. § 77.04. 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. v. Komatsu, No. 6:05-cv-1254-

ORL-31GJK, 2008 WL 2717669, at *1 (M.D. Fla. June 27, 2008) (citing Brown v. Liberty Loan

Corp. of Duval, 539 F.2d 1355, 1363 (5th Cir. 1976)).

III. DISCUSSION

As Plaintiff has obtained a judgment against Defendant (Doc. 35), Plaintiff has a right

to a continuing writ of garnishment. See Fla. Stat. § 77.01. Plaintiff’s motion states the amount

of the judgment (see Doc. 41 at p. 2), and Plaintiff attached a proposed writ of garnishment as

an exhibit to the motion (see Doc. 41-1). The proposed writ states the amount in the motion

and directs Visionary Oncology of Ocala, LLC to respond within 20 days. (See Doc. 41-1 at

pp. 1-2).

IV. CONCLUSION

(1) Plaintiff’s Motion for Issuance of Post-Judgment Writ of Garnishment Against

KKM Diagnostic Imaging Group, Inc. (Doc. 41) is GRANTED.

(2) The Clerk of Court is directed to issue a continuing writ of garnishment to

Visionary Oncology of Ocala, LLC, located at 2518 Burnsed Boulevard, Suite 610,

The Villages, Florida 32163. The Clerk shall use the proposed Writ of Garnishment

attached to Plaintiff’s motion. (Doc. 41-1). The continuing writ of garnishment

shall include copies of Plaintiff’s motion (Doc. 41) and the judgment (Doc. 35).

The Clerk shall also attach to the writ the Notice to Defendant (Doc. 41-2) required

by Fla. Stat. § 77.041(1).

(3) Plaintiff is directed to comply with Fla. Stat. § 77.041(2).

DONE and ORDERED in Ocala, Florida on April 2, 2026.

PHILIP R. LAMMENS

United States Magistrate Judge

Copies furnished to:

Counsel of Record

Unrepresented Parties

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