MDG Helmerich, LLC v. Regions Bank

District Court of Appeal of Florida

MDG Helmerich, LLC v. Regions Bank

118 So. 3d 977, 2013 WL 4081239, 2013 Fla. App. LEXIS 12639

CourtDistrict Court of Appeal of Florida

DecidedAugust 14, 2013

DocketNo. 2D12-2658

StatusPublished

This text of 118 So. 3d 977 (MDG Helmerich, LLC v. Regions Bank) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

MDG Helmerich, LLC v. Regions Bank, 118 So. 3d 977, 2013 WL 4081239, 2013 Fla. App. LEXIS 12639 (Fla. Ct. App. 2013).

Pincite

Opinion

NORTHCUTT, Judge.

This appeal raises postjudgment discovery issues similar to those we addressed in a companion case, Regions Bank v. MDG Frank Helmerich, LLC, 2D12-2427 (Fla. 2d DCA Aug. 14, 2013). While this case involves a different commercial loan, the facts are similar: Regions Bank’s predecessor lent money to MDG Frank Helme-rich, LLC, and the loan was guaranteed by W. Patrick McCuan and William M. Klohn. After the borrower and the guarantors defaulted, Regions obtained a judgment against them. Regions then sought discovery of the guarantors’ assets in aid of execution.

We affirm the circuit court’s order on the debtors’ objections to the bank’s notice of production from non-parties, with one exception. The order denied discovery of some matters based on the other circuit court judge’s order in the companion case. We reversed that order in part in Regions Bank, 2D12-2427. We also reverse the order in this case to the extent that it was grounded on the other judge’s order. We remand for further proceedings consistent with our opinion in the companion case.

Affirmed in part, reversed in part, and remanded.

WALLACE and LaROSE, JJ., Concur.

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NORTHCUTT, Judge.

This appeal raises postjudgment discovery issues similar to those we addressed in a companion case, Regions Bank v. MDG Frank Helmerich, LLC, 2D12-2427 (Fla. 2d DCA Aug. 14, 2013). While this case involves a different commercial loan, the facts are similar: Regions Bank’s predecessor lent money to MDG Frank Helme-rich, LLC, and the loan was guaranteed by W. Patrick McCuan and William M. Klohn. After the borrower and the guarantors defaulted, Regions obtained a judgment against them. Regions then sought discovery of the guarantors’ assets in aid of execution.

We affirm the circuit court’s order on the debtors’ objections to the bank’s notice of production from non-parties, with one exception. The order denied discovery of some matters based on the other circuit court judge’s order in the companion case. We reversed that order in part in Regions Bank, 2D12-2427. We also reverse the order in this case to the extent that it was grounded on the other judge’s order. We remand for further proceedings consistent with our opinion in the companion case.

Affirmed in part, reversed in part, and remanded.

WALLACE and LaROSE, JJ., Concur.

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Bluebook (online)

118 So. 3d 977, 2013 WL 4081239, 2013 Fla. App. LEXIS 12639, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mdg-helmerich-llc-v-regions-bank-fladistctapp-2013.