KIERSZ v. SEYMOUR INTERNATIONAL, INC. (M.D.Fla. 2-11-2011)

ALFREDO KIERSZ, Plaintiff, v. SEYMOUR INTERNATIONAL, INC., Defendant. And BANK OF AMERICA, N.A., Garnishee.

Case No. 6:08-cv-1664-Orl-22GJK.United States District Court, M.D. Florida, Orlando Division.
February 11, 2011

ORDER
ANNE CONWAY, District Judge

This cause is before the Court on the Plaintiff’s Motion for Final Judgment on the Pleadings (Doc. No. 85) filed on November 3, 2010.

The United States Magistrate Judge has submitted a report recommending that the Motion be granted.

After an independent de novo review of the record in this matter, and noting that no objections were timely filed, the Court agrees entirely with the findings of fact and conclusions of law in the Report and Recommendation.

Therefore, it is ORDERED as follows:

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1. The Report and Recommendation filed January 27, 2011 (Doc. No. 95) is ADOPTED and CONFIRMED and made a part of this Order.

2. The Plaintiff’s Motion for Final Judgment on the Pleadings (Doc. No. 85) is GRANTED.

3. The Clerk is directed to enter judgment in favor of Plaintiff, Alfredo Kiersz, and against Garnishee, Bank of America, N.A., in the amount of $27,424.47.

4. The Garnishee shall remit $27,424.47 to Plaintiff’s counsel’s trust account within twenty-one (21) days from the date of this Order.

5. Plaintiff and Garnishee shall file a joint notice with the Court when the funds are deposited into Plaintiff’s counsel’s trust account.

DONE and ORDERED in Chambers, in Orlando, Florida on February 11, 2011.

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