Molina et al v. Ace Homecare LLC

Middle District of Florida, flmd-8:2016-cv-02214

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PageID 866 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION TONI MOLINA, et al ., on behalf of themselves and all others similarly situated, Plaintiffs, CASE No: 8: 16 - cv - 02214 - JDW - TGW ACE HOMECARE, LLC ., BRL INVESTMENTS, LLC ., ARTHUR BARLAAN, and JOCELYN BARLAAN, Defendants, and SYNOVUS BANK, Garnishee. NOTICE PURSUANT TO FLORIDA STATUTES 77. 055 TO: Ace Homecare, LLC ., c / o Registered Agents Inc ., its Registered Agent, 3030 N. Rocky Point Drive, Suite 150A, Tampa, FL 33607 Ace Homecare, LLC ., c / o Blake J. Fredrickson, its attorney, The Solomon Law Group, PA, 1881 W Kennedy Blvd, Tampa, FL 33606 - 1606 and the CM / ECF system BRL Investments, LLC ., c / o Arthur S. Barlaan, its Registered Agent, 5001 Troydale Road, Tampa, FL 33615 BRL Investments, LLC, c / o Blake J. Fredrickson, its attorney, The Solomon Law Group, PA, 1881 W Kennedy Blvd, Tampa, FL 33606 - 1606 and the CM / ECF system Arthur Barlaan, 5001 Troydale Road, Tampa, FL 33615 Arthur Barlaan, c / o Blake J. Fredrickson, his attorney, The Solomon Law Group, PA, 1881 W Kennedy Blvd, Tampa, FL 33606 - 1606 and the CM / ECF system Jocelyn Barlaan, 5001 Troydale Road, Tampa, FL 33615 Jocelyn Barlaan, c / o Blake J. Fredrickson, her attorney, The Solomon Law Group, PA, 1881 W Kennedy Blvd, Tampa, FL 33606 - 1606 and the CM / ECF system PageID 867 ENCLOSED herein is a copy of the Answer of Garnishee filed in this action, pursuant to F. S. 77. 055. BE ADVISED that you must move to dissolve the writ within 20 days after the date of service of this notice if any allegation in the plaintiffs ' Motion For Writ of Garnishment is untrue. CERTIFICATE OF SERVICE The undersigned certifies that a copy of the foregoing has been furnished byU.S. 1st class mail to Ace Homecare, LLC ., BRL Investments, LLC ., Arthur Barlaan, and Jocelyn Barlaan, and byU.S. 1st class mail and through the CM / ECF system to Blake J. Fredrickson, The Solomon Law Group, PA, on this 12th day of July, 2018. Respectfully Submitted, / s / Brandon J. Hill LUIS A. CABASSA Florida Bar Number: 0053643 BRANDON J. HILL Florida Bar No. 37061 WENZEL FENTON CABASSA, P. A. 1110 North Florida Avenue, Suite 300 Tampa, Florida 33602 Main No .: 813 - 224 - 0431 Direct Dial: 813 - 379 - 2565 Facsimile: 813 - 229 - 8712 Email: lcabassa @ wfclaw. com Email: mkimbrou @ wfclaw. com Attorney for Plaintiff Case 891. 6CX022144J DWTGW Beeument 119 Filed9711418 page 3. 0f 6 Page 86868 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION TONI MOLINA, et al ., on behalf of themselves and all others similarly situated, Plaintiff, vs. Case No .: 8: 16 - cv - 02214 - JDW - TGW ACE HOMECARE, LLC, BRL INVESTMENTS, LLC, ARTHUR BARLAAN, and JOSELYN BARLAAN, Defendants, and SYNOVUS BANK, Garnishee. GARNISHEE, SYNOVUS BANK'S ANSWER TO WRIT OF GARNISHMENT AND DEMAND FOR GARNISHMENT FEE Garnishee, Synovus Bank ("Garnishee"), answers the Writ of Garnishment served on it on July 10, 2018 in this action (the " Writ ' '), as follows: 1. According to Garnishee's records, it was not indebted to Defendants, Ace Homecare, LLC or BRL Investments, LLC ("Corporate Defendants"), at the time of the service of the Writ (plus sufficient time not to exceed one Cass 89. 66CX022144J DWGW Beeument 119 Filed9711218 page 4 of 6 Page ' R6369 business day for Garnishee to act expeditiously on the Writ), or at the time of this answer, or at any time between such times. 2. According to Garnishee's records, it was not indebted to Defendants, Arthur Barlaan and Joselyn Barlaan ("Defendants"), at the time of the service of the Writ (plus sufficient time not to exceed one business day for Garnishee to act expeditiously on the Writ), or at the time of this answer, or at any time between such times, except as follows: a. Account Number XX3463 Balance on July 10, 2018 $ 2, 354. 36 Account Title Arthur S. Barlaan Jocelyn L. Barlaan 5001 Troydale Rd. Tampa, FL 33615 No transactions occurred in this account from the date of service of the Writ and the date of this Answer. 3. Under Garnishee's Deposit Agreement with Defendants, Garnishee has a contractual right of setoff and security interest in its customer's account for a legal processing fee in the amount of $ 100 when Garnishee is served with a writ of garnishment. Garnishee is authorized to offset this fee against Defendants ' account. See Baxter Healthcare Corp. v. Universal Medical Labs, Inc ., 760 So 2d 1126 (Fla. 5th DCA 2000) . Garnishee's garnishment fee is in addition to the statutory $ 100. 00 garnishment deposit payable to Garnishee for partial payment of its attorneys ' fee pursuant to $ 77. 28, Florida Statutes. After deducting this fee, the balance in account ending 3463 will be $ 2, 254. 26. 4. Except as set forth above, Garnishee does not now have and did not have at the time of service of the Writ, or at the time of service of this answer, or at any time between Case 8; 16 - CV - 02214 - JDW - TGW, Document 110 Case 8: 16 - ČV - 02214 - JDW - TGW Document 109 Filed 07 / 12 / 18 Page 5 of File07111418° Page 3 814 Page Pade such times, in its possession, custody or control, any tangible or intangible personal property of Corporate Defendants and / or Defendants. 5. Except as identified above, Garnishee does not have a record of any other address for the Defendants and has no record of any address for Corporate Defendants. 6. Garnishee does not have any knowledge of any other person indebted to Corporate Defendants and / or Defendants who may be in possession or control of any property belonging to Corporate Defendants and / or Defendants, or who has, or appears to have, an ownership interest in any property of Defendants except as set forth above. 7. Garnishee has no obligation to make, and has not ' made, a factual determination as to whether any property of the Defendants in its possession or control is subject to any exemption provided to the Defendants by State or Federal law. 8. Garnishee has retained the undersigned attorneys and is obligated to pay them a reasonable fee for the services rendered in response to the Writ. Garnishee is entitled to recover, and hereby demands, its costs and expenses, including reasonable attorneys ' fees, as set forth in § 77. 28, Florida Statutes. DEMAND FOR GARNISHMENT FEE Garnishee demands that Plaintiff pay to the undersigned the $ 100. 00 garnishment fee pursuant to $ 77. 28, Florida Statutes, as amended. The garnishment fee should be made payable to Trenam Kemker, and mailed to 200 Central Avenue, Suite 1600, St. Petersburg, FL 33701. / s / Roxanne Fixsen ROXANNE FIXSEN Florida Bar Number: 0035733 rfixsen @ trenam. com 3 Cags Bal @ 6X93224 - JBW - TEW Bacument 101. 2 Files97117128 Page 6 of Balans ' 86371 DALE W. CRAVEY Florida Bar Number: 0856428 dcravey @ trenam. com TRENAM, KEMKER, SCHARF, BARKIN, FRYE, O ' NEILL & MULLIS 200 Central Avenue, Suite 1600 St. Petersburg, FL 33701 Telephone: 727 / 896 - 7171 Facsimile: 727 - 822 - 8048 Attorneys for Garnishee CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing, together with a notice of electronic filing of same, has been furnished via the Court's CM / ECF system to Luis A. Cabassa, Esq ., Wenzel Fenton, Cabassa, P. A ., 1110 N. Florida Ave ., Suite 300, Tampa, FL 33602 this 11th day of July 2018. / s / Roxanne Fixsen Attorney