UPDATE: The court released a new opinion, HERE, on rehearing. The new opinion reached the same conclusion and is published at the following cite: GrayRobinson, P.A. v. Fireline Restoration, Inc., 46 So. 3d 170 (Fla. 4th DCA 2010).
In GrayRobinson, P.A., et al v. Fireline Restoration, et al. (4D09-2102 & 4D09-2116), the Fourth District reversed a garnishment judgment against GrayRobinson and the Florida Insurance Guaranty Association and ordered that the writs of garnishment be dissolved.
After obtaining a judgment against Fireline, Works R Us had writs of garnishment issued against FIGA and GrayRobinson. Works R Us argued that money in GrayRobinson’s trust account belonged to FIGA and that it was going to be paid to Fireline. FIGA argued that it did not owe money to Fireline, however, the trial court disagreed and entered a judgment against both FIGA and GrayRobinson requiring that the money in the GrayRobinson trust account be turned over to Works R Us.
After a recitation of the underlying facts, the court noted that “Works R Us has no greater right than Fireline has to recover funds from FIGA or GrayRobinson.” the court stated:
The funds held by GrayRobinson have been paid in accordance with a court order in the Del Mar litigation with specific directions. Fireline and various creditors of Fireline, as well as Del Mar and FIGA itself, were allowed thirty days to file claims against those funds. Any claims filed beyond that time were deemed barred and waived. Any unclaimed funds would be returned to Del Mar. The record on summary judgment in this proceeding does not reveal whether Fireline filed a claim to the deposited funds. If it did not, then according to the judgment, its claim to them would be barred. In that case, owing no debt to Fireline, GrayRobinson would owe no monies to Works R Us.
The court referenced several orders from an unrelated litigation which can be viewed at the links below:
- Del Mar Ass'n, Inc. v. Fla. Ins. Guar. Ass'n, No. 2006-0175-CA-03, 2008 WL 5705147 (Fla. Cir. Ct. Dec. 26, 2008);
- Del Mar Ass'n, Inc. v. Fla. Ins. Guar. Ass'n, No. 2006-0175-CA-03, 2009 WL 6328786 (Fla. Cir. Ct. Feb. 24, 2009);
- Del Mar Ass'n, Inc. v. Fla. Ins. Guar. Ass'n, No. 2006-0175-CA-03, 2009 WL 6328788 (Fla. Cir. Ct. March 2, 2009); and
- Del Mar Ass'n, Inc. v. Fla. Ins. Guar. Ass'n, No. 2006-0175-CA-03, 2009 WL 6328787 (Fla. Cir. Ct. April 2, 2009).
You can read a press release relating to the named appellee Fireline issued by the United States Securities & Exchange Commission HERE and a related complaint filed by the SEC HERE. News articles can be found at the following links:
- BB&T seizes Brian Marshall’s yacht, seeks Ferrari and Bentley;
- Fireline Restoration subcontractor debts sounding alarms;
- SEC filings detail unraveling of Fireline Restoration’s parent company;
- Profiting From Disaster With Lies;
- Tampa exec Brian Marshall helped create 'fantasyland of fraud,' SEC says;
- Feds investigate disaster Restoration execs;
- Brian Marshall companies seek Chapter 11 bankruptcy protection;