Synovus Bank v. LCH Trading, INC. et al, No. 1:2021cv23023 - Document 42 (S.D. Fla. 2023)

Court Description: FINAL JUDGMENT IN GARNISHMENT. Signed by Judge Darrin P. Gayles See attached document for full details. (hs01)

Download PDF
Synovus Bank v. LCH Trading, INC. et al Doc. 42 Case 1:21-cv-23023-DPG Document 42 Entered on FLSD Docket 09/01/2023 Page 1 of 2 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO.: 21-cv-23013-GAYLES/TORRES SYNOVUS BANK, d/b/a FLORIDA COMMUNITY BANK, N.A., Plaintiff, v. LCH TRADING, INC., LCH ENGINE REPAIR, INC., and FRANCISCO CHIRINO, Defendants, and TD BANK, N.A. Garnishee. ___________________________________/ FINAL JUDGMENT IN GARNISHMENT THIS CAUSE comes before the Court on Plaintiff/Judgment Creditor Synovus Bank’s Motion for Entry of Final Judgment in Garnishment Against Garnishee TD Bank, N.A. (the “Motion”). [ECF No. 26]. The Motion was referred to Chief Magistrate Judge Edwin Torres, pursuant to 28 U.S.C. § 636(b)(1)(B). [ECF No. 29]. On August 24, 2023, Judge Torres issued his report recommending that the Motion be granted (the “Report”). [ECF No. 41]. No objections have been filed. A district court may accept, reject, or modify a magistrate judge’s report and recommendation. 28 U.S.C. § 636(b)(1). Those portions of the report and recommendation to which objection is made are accorded de novo review, if those objections “pinpoint the specific findings that the party disagrees with.” United States v. Schultz, 565 F.3d 1353, 1360 (11th Cir. 2009); see also Fed. R. Civ. P. 72(b)(3). Any portions of the report and recommendation to which no specific Dockets.Justia.com Case 1:21-cv-23023-DPG Document 42 Entered on FLSD Docket 09/01/2023 Page 2 of 2 objection is made are reviewed only for clear error. Liberty Am. Ins. Grp., Inc. v. WestPoint Underwriters, L.L.C., 199 F. Supp. 2d 1271, 1276 (M.D. Fla. 2001); accord Macort v. Prem, Inc., 208 F. App’x 781, 784 (11th Cir. 2006). In his Report, Judge Torres recommends that the Motion be granted and that a final judgment of garnishment be entered. The Court finds no clear error with Judge Torres’s recommendation and agrees that the Motion should be granted. CONCLUSION Accordingly, after careful consideration, it is ORDERED AND ADJUDGED as follows: (1) Judge Torres’s Report and Recommendation, [ECF No. 41], is ADOPTED in full; (2) Plaintiff/Judgment Creditor Synovus Bank’s Motion for Entry of Final Judgment in Garnishment [ECF No. 26], is GRANTED; (3) A Judgment of Garnishment is entered on the account ending in -4372, held in the name of “LCH Trading Inc.” Plaintiff shall recover from Garnishee TD Bank, N.A. the funds in TD Bank, N.A.’s possession in the amount of $446,794.74, with a check made payable to Synovus Bank. (4) TD Bank, N.A. shall mail the payment to Plaintiff’s counsel, Buchanan Ingersol & Rooney PC, Attn: Mark S. Auerbacher, Esq., Two South Biscayne Blvd, Suite 1500, Miami, Florida 33131. Upon making such payment, TD Bank, N.A. shall be discharged of all liability to Plaintiff and Defendants. DONE AND ORDERED in Chambers at Miami, Florida, this 1st day of September, 2023. ________________________________ DARRIN P. GAYLES UNITED STATES DISTRICT JUDGE 2

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.