Backup Documents 05/24/2016 Item #10A Filing # 34573411 E-Filed 11/17/2015 05:37:19 PM
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IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY, STATE OF FLORIDA
CIVIL ACTION
EXHIBIT
LIBERTY CONCRETE&MASONRY,INC.,
l
A Florida Corporation,
Plaintiff,
v. Case No.: 15-CA-1603
B.Q. CONCRETE, L.L.C.,
A Florida.Limited Liability Company,
Defendant.
MOTION FOR WRIT OF GARNISHMENT
Plaintiff, LIBERTY CONCRETE&..MASONRY, INC.,by and through undersigned
counsel,and pursuant to Chapter T7,Florida Statutes,hereby moves for issuance of a writ
of garnishment directed to DWIGHT E. BROCK, CLERK OF COURT, and as grounds.
therefor states as follows:
1. Judgment has been obtained against Defendant, B.Q. CONCRETE, L.L.C., in
the sum of $42,081.09, plus post judgment interest at the statutory interest
rate from October 26, 2015.
2. Plaintiff, after diligent search and inquiry,does not believe this Defendant has
in its possession or control, or will have in its possession or control after
execution is issued,tangible or intangible personal property in the state and in
this County on which a levy can be made sufficient to satisfy.Plaintiffs claim.
3. Therefore, Plaintiff moves pursuant to§T7.03,et. seq., for issuance of a Writ of
Garnishment and suggests DWIGHT E.BROCK,CLERK OF COURT,3315
Tamiami Trail East, Naples, FL 34112,as a proper Garnishee.
iCD R 4- tO(3
Brock
51z`rtti
FILED: COLLIER COUNTY, DWIGHT E. BROCK, CLERK, 11/19/2015 04:29:16 PM BCG
1OA
Respectfully submitted, on this oday of November, 2015.
71. ! whon, Esq.
Attorne for Plaintiff
—Florida':ar No. 965390
ANTHONY M. LAWHON, P.A.
5625 Strand Boulevard, Suite 512
Naples, Florida 34110
(239) 325-8956
(239) 236-3300 (fax)
Tonyl awhonPlawhon law.us
Cathvray@lawhonlaw.us
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing has been efiled
with the Court's E-Portal System and by regular. U.S. Mail to B.Q. Concrete, L.L.C.,6017
Pine Ridge Road, #329, Naples, FL 34109 on this PW-day of November, 2015.
(,,., An i m ny .whon, Esq:.--..._
Filing # 34987754 E-Filed 12/01/2015 10:42:44 AM
..�....... V• --•--•
State of Florida County of COLLIER CIRCUIT Court
Case Number: 11-2015-CA-001603-0001-XX
Plaintiff:
LIBERTY CONCRETE AND MASONRY INC.
vs. EXHIBIT
Defendant:
: 0RETEt
Q CNCLC
or.
Anthony M.Lawhon,Esq.
ANTHONY M.LAWHON,P.A.
5625 Strand Blvd.
Ste.512
Naples,FL 34110
Received by Ody's Professional Process on the 23rd day of November,2015 at 11:05 am to be served on DWIGHT E.BROCK,
CLERK OF COLLIER COUNTY COURT,3315 TAMIAMI TRAIL EAST,NAPLES,FL 34112.
I,DINA M.SCHLEIFER,CPS#157547,do hereby affirm that on the 25th day of November,2015 at 1:15 pm,I:
served a GOVERNMENT AGENCY by delivering a true copy of the WRIT OF GARNISHMENT,CLAIM OF EXEMPTION AND
REQUEST FOR HEARING with the date and hour of service endorsed thereon by me,to:LORRAIME STOLL as MANAGER
for DWIGHT E.BROCK,CLERK OF COLLIER COUNTY COURT,and informed said person of the contents therein,in
compliance with State Statutes.
Description of Person Served:Age:60,Sex: F, Race/Skin Color:W, Height:5'6",Weight: 130,Hair:Blonde,Glasses:N
PURSUANT TO FLORIDA STATUTE 92.525, I ACKNOWLEDGE THAT I AM CERTIFIED IN GOOD STANDING IN THE
JUDICIAL CIRCUIT WHERE THIS PROCESS WAS SERVED, HAVE NO INTEREST IN THE ABOVE ACTION,AND AM OF
LEGAL AGE. UNDER PENALTY OF PERJURY,I DECLARE THAT I HAVE READ THE FOREGOING VERIFIED RETURN OF
SERVICE AND THAT THE FACTS STATED IN IT ARE TRUE.
•
S,711. de.6,--•
DINA M.SCHLEIFER,CPS#157547
Process Server
Ody's Professional Process
Post Office Box 1623
Fort Myers, FL 33902
(239)369-5214
Our Job Serial Number:ODY-2015004088
Copyright 01992-2013 Database Services,Inc.-Process Server's Toolbox V7.0t
FILED: COLLIER COUNTY, DWIGHT E. BROCK, CLERK, 12/01/2015 01:42:42 PM
1-- -15
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR rtil5 i54•91
COLLIER COUNTY,FLORIDA CIVIL ACTION
Liberty Concrete And Masonry Inc
Plaintiff(s), 1
vs. CASE NO: 11-2015-CA-001603-000140X
Bq Concrete Llc
Defendant(s).
WRIT OF GARNISHMENT
THE STATE OF FLORIDA •
To Each Sheriff of the State or duly constituted public officer qualified to serve process
in the state or jurisdiction:
YOU ARE COMMANDED to summon the garnishee,
Dwight E Brock Clerk
3315 Tamiami Trail East
Naples,FL 34112,to serve an answer to this writ on
Lawhon,Anthony Michael 5625 Strand Blvd Ste 512 Naples FL 341107384 3258962,
plaintiff's attorney,within 20 days after service on the garnishee,exclusive of the day of
service,and to file the original with the clerk of this court either before service on the
attorney or immediately thereafter,stating whether the garnishee is indebted to defendant,
✓ Bq Concrete Lic
,at the time of the answer or was indebted at the time of service of the writ,or at any
time between such times,and in what sum and what tangible and intangible personal
property of the defendant the garnishee is in possession or control of at the time of the
answer or had at the time of service of this writ,or at any time between such times,and
whether the garnishee knows of any other person indebted to the defendant or who may
be in possession or control of any of the property of the defendant. The amount set in
plaintiffs motion is$42,081.09 plus interest.
DATED on 20th of November,2015
-4;1" 1‘‘ CLERK OF THE CIRCUIT COURT
\l1, Dwight E Brock
• �� As Clerk of the Court
t+�11° cilL031ir By: Leeona Hackler,Deputy Clerk
COPY
a A
•
NOTICE TO DEFENDANT OF RIGHT AGAINST GARNISHMENT
OF WAGES, MONEY,AND OTHER PROPERTY
The Writ of Garnishment delivered to you with this Notice means that wages, money, and other
property belonging to you have been garnished to pay a court judgment against you.
HOWEVER,YOU MAY BE ABLE TO KEEP OR RECOVER YOUR WAGES, MONEY, OR
PROPERTY. READ THIS NOTICE CAREFULLY.
State and federal laws provide that certain wages, money, and property, even if deposited in a
bank, savings and loan,or credit union, may not be taken to pay certain types of court
judgments. Such wages, money, and property are exempt from garnishment. The major
exemptions are listed below on the form for Claim of Exemption and Request for Hearing. This
list does not include all possible exemptions. You should consult a lawyer for specific advice.
IF AN EXEMPTION FROM GARNISHMENT APPLIES TO YOU AND YOU WANT TO
KEEP YOUR WAGES, MONEY, AND OTHER PROPERTY FROM BEING
GARNISHED, OR TO RECOVER ANYTHING ALREADY TAKEN, YOU MUST
COMPLETE A FORM FOR CLAIM OF EXEMPTION AND REQUEST FOR HEARING
AS SET FORTH BELOW AND HAVE THE FORM NOTARIZED. IF YOU HAVE A
VALID EXEMPTION, YOU MUST FILE THE FORM WITH THE CLERKS OFFICE
WITHIN 20 DAYS AFTER THE DATE YOU RECEIVE THIS NOTICE OR YOU MAY
LOSE IMPORTANT RIGHTS. YOU MUST ALSO MAIL OR DELIVER A COPY OF
THIS FORM TO THE PLAINTIFF OR THE PLAINTIFF'S ATTORNEY AND THE
GARNISHEE OR THE GARNISHEE'S ATTORNEY AT THE ADDRESSES LISTED ON
THE WRIT OF GARNISHMENT. NOTE THAT THE FORM REQUIRES YOU TO
COMPLETE A CERTIFICATION THAT YOU MAILED OR HAND DELIVERED COPIES
TO THE PLAINTIFF OR THE PLAINTIFFS ATTORNEY AND THE GARNISHEE OR
THE GARNISHEE'S ATTORNEY.
If you request a hearing, it will be held as soon as possible after your request is received
by the court. The plaintiff or the plaintiff's attorney must file any objection within eight
(8) business days if you hand delivered to the plaintiff or the plaintiff's attorney a copy of
the form for Claim of Exemption and Request for Hearing or,alternatively,fourteen (14)
business days if you mailed a copy of the form for claim and request to the plaintiff or
the plaintiffs attorney. If the plaintiff or the plaintiffs attorney files an objection to your
Claim of Exemption and Request for Hearing,the clerk will notify you and the other
parties of the time and date of the hearing. You may attend the hearing with or without
an attorney. If the plaintiff or the plaintiffs attorney fails to file an objection, no hearing
is required,the writ of garnishment will be dissolved and your wages, money, or property
will be released.
IF YOU HAVE A VALID EXEMPTION, YOU SHOULD FILE THE FORM FOR CLAIM
OF EXEMPTION IMMEDIATELY TO KEEP YOUR WAGES, MONEY, OR PROPERTY
FROM BEING APPLIED TO THE COURT JUDGMENT. THE CLERK CANNOT GIVE
YOU LEGAL ADVICE. IF YOU NEED LEGAL ASSISTANCE YOU SHOULD SEE A
LAWYER. IF YOU CANNOT AFFORD A PRIVATE LAWYER, LEGAL SERVICES
MAY BE AVAILABLE. CONTACT YOUR LOCAL BAR ASSOCIATION OR ASK THE
CLERK'S OFFICE ABOUT ANY LEGAL SERVICES PROGRAM IN YOUR AREA.
•
104
CLAIM OF EXEMPTION AND REQUEST FOR HEARING
PLAINTIFF
vs CASE NO.
DEFENDANT
I claim exemptions from garnishment under the following categories as checked:
1. Head of family wages. (Check either a orb below,if applicable.)
a. I provide more than one-half of the support for a child or other
dependent and have net earnings of$750 or less per week.
b. I provide more than one-half of the support for a child or other
dependent, have net earnings of more than$750 per week,
• but have not agreed in writing to have my wages garnished.
2. Social Security benefits.
3. Supplemental Security Income benefits.
4. Public assistance(welfare).
5. Workers' Compensation.
6. Reemployment assistance or unemployment compensation.
7. Veterans' benefits.
8. Retirement or profit sharing benefits or pension money.
9. Life insurance benefits or cash surrender value of a life insurance policy
or proceeds of annuity contract.
10. Disability income benefits.
11. Prepaid College Trust Fund or Medical Savings Account.
12. Other exemptions as provided by law.(explain)
I request a hearing to decide the validity of my claim. Notice of the hearing should be given to
me at:
Address:
Telephone Number:
I CERTIFY UNDER OATH AND PENALTY OF PERJURY that a copy of this CLAIM OF
EXEMPTION AND REQUEST FOR HEARING has been furnished by(circle one)United
States mail or hand delivery on(insert date) ,to:(insert names and
addresses of Plaintiff or Plaintiffs attorney and of Garnishee or Garnishee's attorney to whom
this document was furnished)
•
1OA
I FURTHER CERTIFY UNDER OATH AND PENALTY OF PERJURY that the statements
made in this request are true to the best of my knowledge and belief.
Defendant's Signature Date:
STATE OF FLORIDA
COUNTY OF COLLIER
Sworn and subscribed to before me this day of ,20 ,by
(Name of person making statement)
Notary Public/Deputy Clerk
Personally Known or Produced Identification
Type of Identification Produced
1 0 A
IN THE CIRCUIT COURT FOR OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR
COLLER COUNTY,FLORIDA CIVIL ACTION
Liberty Concrete And Masonry Inc. IEXHIBIT
Plaintiff, )
-vs- ) CASE: 11-2015-CA-001603-0001-XX ,
t11
r- (�
B.Q Concrete, L.L.C.,
ri r-ry
CO 1.7
Defendant. ) t
- N
ANSWER OF GARNISHEE a"
Dwight E. Brock, as Clerk of the Circuit Court and Comptroller of Collier County, Florida,
garnishee, by one of its attorneys, James D. Molenaar, answering the writ of garnishment in the
above-entitled action, says:
1. Dwight E. Brock, as Clerk of the Circuit Court and Comptroller of Collier County, Florida
(hereinafter"the Clerk") is the custodian of all Collier County funds and this power and duty is
not discretionary, rather it is mandated and well established that:
[T]he powers and duties of the clerk of the circuit court "shall be
fixed by law." Art. II, § 5(c), Fla. Const. Section 28.12, Florida
Statutes(2007),provides that the"clerk of the circuit court shall be
clerk and accountant of the board of county commissioners," and
that the Clerk "shall keep the minutes and accounts and perform
such other duties as provided by law." Section 136.08, Florida
Statutes (2007), provides that the "accounts of each and every
board and the county accounts of each and every depository ...
shall at all times be subject to the inspection and examination by
the County auditor." Section 136.06(1) requires that checks or
warrants drawn on county accounts shall be "attested by the clerk."
Section 129.09, Florida Statutes (2007), imposes both personal
civil liability and criminal liability on any clerk of the circuit court
acting as county auditor who signs a warrant for any illegal or
unauthorized payment of county funds.
Brock v. Board of County Corn'rs of Collier County, 21 So.3d 844, 846-847 (2009).
2. The Board of Collier County Commissioners has not yet approved an expenditure of the
following amount but may perhaps be indebted to plaintiff an amount as great as $234,873.53 to
Buddy Quarles and/or B.Q. Concrete, L.L.C. This amount has not been tendered to Buddy
Quarles, B.Q. Concrete, L.L.C. nor any other party because the Clerk is in the process of
, 1 0 A
conducting an audit of this requested expenditure and is currently investigating alleged
misfeasance and/or malfeasance of one or more of B.Q. Concrete, L.L.C.'s employees and/or
agents. As the custodian of all county funds, the goal of the Clerk is to protect public funds from
misappropriation and "to verify the legality of payments . . . [and] to ensure that county funds
are expended only as authorized by law. "Id. at 847.
3. The Clerk as custodian of county funds believes Collier County/Clerk may or may not be
indebted to defendant, B.Q. Concrete, L.L.C, however if the Clerk determines that funds are
owed to the defendant, the Clerk will maintain custody of these public funds until otherwise
directed by a court of competent jurisdiction pursuant to the Writ of Garnishment.
4. It knows of no other person indebted to such defendant or who may have any effects of such
defendant in his or her or its hands.
The undersigned certifies that a copy hereof has been furnished to Anthony Michael Lawhon, at
e-mail: Tonylawhon@lawhonlaw.us and and mail delivery 5625 Strand Blvd. Ste. 512,Naples,
Florida 34110-7384 on December 8, 2015.
DATED: December 8,2015
aures D. Molen
Attorney for Garn hee/Clerk of the Circuit Court and Comptroller of Collier County
Fla Bar#0022785
Clerk of the Circuit Court
3299 Tamiami Trail East, Ste. #402
Naples, Florida 34112-5746
239-252-2283
James.Molenaar@CollierClerk.com
Filing # 35384437 E-Filed 12/10/2015 11:36:27 AM
1 0 A
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY,STATE OF FLORIDA
CIVIL ACTION
II EXHIBIT
LIBERTY CONCRETE&MASONRY, INC.,
A Florida Corporation,
Plaintiff,
v. Case No.: 15-CA-1603
B.Q. CONCRETE, L.L.C.,
A Florida Limited Liability Company,
Defendant.
PLAINTIFF'S MOTION FOR ENTRY OF FINAL JUDGMENT
ON GARNISHMENT
COMES NOW Plaintiff,LIBERTY CONCRETE AND MASONRY,INC., by and through
its undersigned counsel, and hereby moves for the entry of a final judgment against,
Garnishee, DWIGHT E. BROCK,CLERK OF COURT, and as further grounds therefore,
states as follows:
1. As the recordin this cause reflects, this Court issued a Writ of Garnishment
against the Garnishee, DWIGHT E. BROCK, CLERK OF COURT on November
20, 2015,which:was thereafter duly served on said Garnishee on November 25,
2015,at 1:15 P.M.as shown by the copy of the Affidavit of Service of the Writ of
Garnishment attached hereto and incorporated herein by reference as
Exhibit"A".
2. Garnishee filed an Answer to the subject Writ of Garnishment on December
8, 2015. In the answer, Garnishee admitted holding over.$200,000.00 that
may be subject to Plaintiffs Writ.
FILED: COLLIER COUNTY, DWIGHT E. BROCK, CLERK, 12/10/2015 12:14:27 PM
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3. In that the Plaintiff, LIBERTY CONCRETE AND MASONRY, INC. has
affirmatively proven the total amount of the indebtedness properly owed by
Defendant by Judgment and the Garnishee,DWIGHT E. BROCK,CLERK OF
COURT, to the Judgment Plaintiff, Plaintiff is now entitled to the entry of a
Final Judgment against the Garnishee, DWIGHT E. BROCK, CLERK OF
COURT, for the principal sum of$42,081.09,plus interest, attorney's fees and
costs.
4. Plaintiff has retained undersignedcounsel to represent it in this action, and is
required to pay their counsel a reasonable fee.
WHEREFORE, Plaintiff, LIBERTY CONCRETE AND MASONRY, INC., respectfully
requests this Court to grant it the above relief and enter. a Final Judgment in its favor
against the Garnishee, DWIGHT E. BROCK, CLERK OF COURT, for all damages, costs,
attorney's fees and interest as permittedby law, and for such other and further relief as
this Court deems just and proper.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing has been efiled
with the Court's E-Portal System, to James D. Molenaar, Esq.,
James.MolenaarOcgllierClerk.conl; 3299 Tamiami Trail East, Ste. #402, Naples, FL
34112, and by regular U.S. Mail to B.Q. Concrete, L.L.C., 6017 Pine Ridge Road, #329,
Naples,FL 34109 on this I!?t'"day of December, 2015.
AnthoniLawhon,Es.. .�
Florida Bar No. 965390
ANTHONY M. LAWHON, P.A.
5625 Strand Boulevard, Suite 512
Naples, Florida 34110
(239)325-8956
(239) 236-3300 (fax)
TonylawhonClawhonlaw.us
Cathyray a lawlbonlaw.us
RETURN OF SERVICE1 0 A
State of Florida County of COLLIER CIRCUIT Court
Case Number:11-2015-CA-001603-0001-XX
Plaintiff:
LIBERTY CONCRETE AND MASONRY INC.
vs.
Defendant:
BO CONCRETE LLC
Fora
Anthony M.Lawhon,Esq.
ANTHONY M.LAWHON,P.A.
5825 Strand Blvd.
Ste.512
Naples,FL 34110
Received by Ody's Professional Process on the 23rd day of November,2015 at 11:05 am to be served on DWIGHT E. BROCK,
CLERK OF COLLIER COUNTY COURT,3315 TAMIAMI TRAIL EAST,NAPLES,FL 34112.
I,DINA M.SCHLEIFER, CPS#157547,do hereby affirm that on the 25th day of November,2015 at 1:15 pm,I:.
served a GOVERNMENT AGENCY by delivering a true copy of the WRIT OF GARNISHMENT,CLAIM OF EXEMPTION AND
REQUEST FOR HEARING with the date and hour of service endorsed thereon by me,to:LORRAIME STOLL as MANAGER
for DWIGHT E.BROCK,CLERK OF COLLIER COUNTY COURT,and informed said person of the contents therein,in
compliance with State Statutes.
Description of Person.Served:Age:60,Sex:F;Race/Skin Color:W,Height:5'6",Weight:130,Hair:Blonde,Glasses: N.
PURSUANT TO FLORIDA STATUTE 92.525,i ACKNOWLEDGE THAT I AM CERTIFIED IN GOOD STANDING IN THE
JUDICIAL CIRCUIT WHERE THIS PROCESS WAS SERVED,HAVE NO INTEREST IN THE ABOVE ACTION,AND AM OF
LEGAL AGE. UNDER PENALTY OF PERJURY.I DECLARE THAT I HAVE READ THE FOREGOING VERIFIED RETURN OF
SERVICE AND THAT THE FACTS STATED IN IT ARE TRUE.
444A, /If '
SCHLEIFER,M.S ,CPS#157547
Process Server
Ody's Professional Process
Post Office Box 1623
Fort Myers,FL 33902
(239)369-5214
Our Job Serial Number.ODY-2015004088
Copyri¢ito 1992-2013 Database Semites.tnc.-Process Servals Toolbox V7.Ot
EXHIBIT
El tt f4
1 0 A
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY,STATE OF FLORIDA
CIVIL ACTION
LIBERTY CONCRETE&MASONRY, INC.,
A Florida Corporation,
Plaintiff,
v. Case No.: 15-CA-16o3
B.Q.CONCRETE, L.L.C.,
A Florida Limited Liability Company, EXHIBIT
Defendant, •S� 7
and
DWIGHT E. BROCK,as Clerk of the r
Circuit Court and Comptroller of
,(-
Collier County, Florida,
•
Garnishee. w 77 'r
FINAL JUDGMENT OF GARNISHMENT
THIS CAUSE having come before the Court on March 31, 2016, at a duly noticed
hearing, and the Court having considered the argument of counsel, and being fully
advised in the premises,it is hereby ORDERED AND ADJUDGED:
1. Pursuant to a contract between the political subdivision of Collier County,
Florida(hereinafter"County")and Defendant B.Q. CONCRETE, LLC(hereinafter"BQ"),
the Garnishee, DWIGHT E. BROCK, as Clerk of the Circuit Court and Comptroller of
Collier County, Florida,3299 Tamiami Trail East,Ste.402,Naples,FL 34112(hereinafter
"Clerk"),has received invoices from BQ totaling in excess of$220,000.00.
2. The Clerk has sequestered sufficient County funds to pay the invoices from
BQ (hereinafter "Invoices"), and the Clerk, in conjunction with the Board of County
Commissioners (hereinafter "BOCC"), is in the process of investigating the Invoices to
Page 1 of 3
I 0 4
determine whether all or part of them are due and payable.
3. In the absence of formal approval of the Invoices by both the Clerk and
Board of County Commissioners(hereinafter"BOCC"), none of which have occurred,the
Clerk is not authorized to make any payments to BQ at this time.
4. The Clerk shall exercise all reasonable diligence in completing its
investigation of the Invoices, and if it determines payment is due, it shall exercise the
same diligence facilitating authorization for payment from the BOCC.
5. If at any time hereafter the BOCC and the Clerk formally approve any of
the Invoices, , the Court finds that for purposes of this Plaintiffs Writ of Garnishment
only, the County's obligation to pay BQ relates back to the date the Plaintiffs Writ of
Garnishment was served on the Clerk,and before paying BQ,or any other creditor
of BQ, the Clerk shall pay to the Plaintiff, LIBERTY CONCRETE & MASONRY, INC.,
6T75 Old Banyan Way, Naples, Florida 34io9, the sum of $42,o81.09, plus costs of
$21.4.80, attorney's fees of $1.800.00, and interest of $860.36 (with a per diem of
$5.48/day),for a total of$44,961.25,said amounts heretofore withheld pursuant to the
Writ of Garnishment and set aside pursuant to Garnishee's Answer.
6. Plaintiff shall furnish, Dwight E. Brock, Clerk of the Circuit Court and
Comptroller of Collier County with a Satisfaction of Judgment in Garnishment when the
Judgment, including all costs and interest,is paid in full;and
A. B.Q. Concrete, L.L.C. with a Satisfaction of Judgment when the
Judgment,including all costs and interest, is paid in full; and
B. The Court with copies of the Satisfactions,if any.
FOR WHICH LET EXECUTION ISSUE FORTHWITH.
Page 2 of 3
DONE and ORDERED in chambers, at Naples, Collier County, Florida on this
day of April 2016.
HON HUG YES
CIRCUIT COURT JUDGE
Copies to:
Anthony M. Lawhon, Esq.
James D. Molenaar, Esq.
B.Q. Concrete, L.L.C., 6017 Pine Ridge Road, #329,Naples, FL 34109
Page 3 of 3
10 A
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY, STATE OF FLORIDA
CIVIL ACTION
LIBERTY CONCRETE&MASONRY, INC.,
A Florida Corporation,
Plaintiff,
v. Case No.: 15-CA-1603
B.Q.CONCRETE, L.L.C.,
A Florida Limited Liability Company,
EXHIBIT
Defendant,
and
DWIGHT E. BROCK, as Clerk of the
Circuit Court and Comptroller of
Collier County, Florida,
Garnishee.
AGREED AMENDED FINAL JUDGMENT OF GARNISHMENT
THIS CAUSE having come before the Court on March 31, 2016, at a duly noticed
hearing, and the Court having considered the argument of counsel, and being fully
advised in the premises,it is hereby ORDERED AND ADJUDGED:
1. Pursuant to a contract between the political subdivision of Collier County,
Florida(hereinafter"County") and Defendant B.Q. CONCRETE, LLC(hereinafter"BQ"),
the Garnishee, DWIGHT E. BROCK, as Clerk of the Circuit Court and Comptroller of
Collier County,Florida,3299 Tamiami Trail East,Ste.402,Naples, FL 34112(hereinafter
"Clerk"),has received invoices from BQ totaling in excess of$220,000.00.
2. The Clerk has sequestered sufficient County funds to pay the invoices from
BQ (hereinafter "Invoices"), and the Clerk, in conjunction with the Board of County
Commissioners (hereinafter "BOCC"), is in the process of investigating the Invoices to
Page l of 3
F I 1ED05'11"16M2Co 11 i erCo
1 0 A
determine whether all or part of them are due and payable.
3. In the absence of formal approval of the Invoices by both the Clerk and
Board of County Commissioners(hereinafter"BOCC"),none of which have occurred,the
Clerk is not authorized to make any payments to BQ at this time.
4. The Clerk shall exercise all reasonable diligence in completing its
investigation of the Invoices, and if it determines payment is due, it shall exercise the
same diligence facilitating authorization for payment from the BOCC.
5. If at any time hereafter the BOCC and the Clerk formally approve any of
the Invoices, , the Court finds that for purposes of this Plaintiffs Writ of Garnishment
only, the County's obligation to pay BQ relates back to the date the Plaintiffs Writ of
Garnishment was served on'the Clerk,and before paying BQ,or any other creditor
of BQ, the Clerk shall pay to the Plaintiff, LIBERTY CONCRETE & MASONRY, INC.,
6775 Old Banyan Way, Naples, Florida 34109, the sum of $42,o81.o9, plus costs of
$219.80, attorney's fees of $1.800.00, and interest of $860.36 (with a per diem of
$5.48/day),for a total of$44,961.25,said amounts heretofore withheld pursuant to the
Writ of Garnishment and set aside pursuant to Garnishee's Answer, and which shall
continue to bear interest at the statutory rate until paid.
6. Plaintiff shall furnish, Dwight E. Brock, Clerk of the Circuit Court and
Comptroller of Collier Comity with a Satisfaction of Judgment in Garnishment when the
Judgment, including all costs and interest, is paid in full;and
A. B.Q. Concrete, L.L.C. with a Satisfaction of Judgment when the
Judgment,including all costs and interest,is paid in full;and
B. The Court with copies of the Satisfactions, if any.
FOR WHICH LET EXECUTION ISSUE FORTHWITH.
Page 2 of 3
4110.
1 0 A
DONE and ORDERED in chambers, at Naples, Collier County, Florida on this
/day of May, 2016.
HON HUG
CIR T COURT JUDGE
Copies to:
Anthony M. Lawhon, Esq.
James D.Molenaar, Esq.
B.Q.Concrete, L.L.C., 6017 Pine Ridge Road, #329, Naples, FL 34109
17' -5/ ,,vve AitA.0 lativiLd
•
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