Rosenthal Law Group recently prevailed in an appeal before Florida’s
Fourth District Court of Appeal
(Richard Fields and D. Bosworth, LLC, Appellants, v. Robert Toussie, Michael
Toussie, Appellees, Case No. 4D119-1610, May 6, 2020), in a case involving an action to enforce a foreign judgment.
Rosenthal Law Group represented the judgment creditor who domesticated
a foreign judgment exceeding $8,000,000 in Florida and sought discovery
in aid of execution from the judgment debtor to collect the judgment.
The judgment debtor failed to comply with discovery in aid of execution,
which prevented the judgment creditor from discovering financial information
to enable him to collect the judgment.
Rosenthal Law Group filed several motions to compel and motions for sanctions
on behalf of the judgment creditor. The judgment debtor ignored the outstanding
discovery requests and court orders to respond to the discovery. The Firm
sought, and the trial court granted, a Civil Contempt Order against the
judgment debtor and issued a Writ of Bodily Attachment against the judgment
debtor for his intentional disregard of multiple court orders, orders
to compel, sanctions orders and orders to appear to show cause.
The judgment debtor appealed the trial court’s orders issuing a Writ
of Bodily Attachment against the judgment debtor. On appeal, the judgment
debtor argued that the trial court erred in issuing a Writ of Bodily Attachment
against him ordering his incarceration. He asserted that he was entitled
to an additional pre-incarceration hearing before the issuance of the
Writ of Bodily Attachment for the court to make findings regarding the
judgment debtor's ability to pay the fine and comply with all of the
outstanding discovery orders.
Ruling entirely in favor of the Firm’s client, the Fourth District
Court of Appeal issued an opinion affirming the trial court’s Order
of Civil Competent and Writ of Bodily Attachment against the judgment debtor.
This case confirms that the issuance of Writ of Bodily Attachment is a
proper remedy against a party in a civil action that intentionally and
repeatedly fails to comply with court orders. It further confirms that
an additional hearing is unnecessary before ordering incarceration where,
as in this case, the trial court issues a Writ of Bodily Attachment because
of a party's past compliance with the trial court’s orders.
Attorneys Alex Rosenthal and Amanda Jones represented the judgment creditor
before the trial court and on appeal.