On October 25, 2021 a
Motion,Ex Parte
was filed
involving a dispute between
Garcia, Olga,
and
Garcia, Ramon,
Ruiz, Olga,
Wgr Investment Inc,
for Contract & Indebtedness
in the District Court of Miami-Dade County.
Preview
Filing # 139008016 E-Filed 11/22/2021 03:27:25 PM
IN THE CIRCUIT COURT OF THE 11TH
JUDICIAL CIRCUIT, IN AND FOR MIAMI-
DADE COUNTY, FLORIDA
OLGA GARCIA, CIVIL DIVISION
Plaintiff, CASE NO.: 2021-023808-CA-01
vs.
RAMON GARCIA, OLGA RUIZ, and
W.G.R. INVESTMENT, INC., a Florida
Corporation
Defendants.
________________________________/
DEFENDANTS’ MOTION TO DISMISS
Defendants, Ramon Garcia, Olga Ruiz, and W.G.R. Investment, Inc., move to
dismiss Plaintiff, Olga Garcia’s Complaint, and states:
1. This action stems from the Olga Garcia’s (“Former Wife”) apparent dissatisfaction
with the rulings she’s been getting in family court. Accordingly, she filed these
“proceedings supplementary” in the wrong court without meeting any of the conditions
precedent and before the family court rules on the issue at the center of this complaint,
namely, the husband’s request to modify alimony.
2. Olga Garcia filed a dissolution action against her husband, Ramon Garcia (“Former
Husband”), Case No.: 2015-6807 FC 04.
3. A Final Judgment of Dissolution of Marriage was entered pursuant to a Marital
Settlement Agreement which was made part of the Final Judgment. See Exhibit A to
Complaint.
4. At issue in this Complaint is the Former Husband ceasing to make alimony
payments and the reason for doing so. See Complaint at paragraphs 9-10.
5. The alimony issues currently pending before the family court on the Former
Husband’s Amended Petition for Modification and/or Termination of Alimony (“Amended
Petition”). See Exhibit D to Complaint.
6. The Former Wife believes that the reasons set forth by the Former Husband in his
Amended Petition are not well-taken so she proceeded to file this action pursuant to Fla.
Stat. §56.29 (Proceedings Supplementary) claiming the Former Husband and the other
defendants are liable for fraudulent transfers under Chapter 726, Florida Statutes.
7. Plaintiff filed this action in the wrong court. “Proceedings supplementary are post
judgment proceedings conducted within the original proceeding.” Uoweit, LLC v. Fleming,
300 So. 3d 1201, 1203 (Fla 4th DCA 2020); Mejia v. Ruiz, 985 So. 2d 1109, 1112 (Fla. 3d
DCA 2008)(“Pursuant to section 56.29, judgment creditors have ‘useful, efficacious and
salutary remedy…to subject [assets to]…a speedy and direct proceeding in the same
court in which the judgment was recovered.”)
8. Plaintiff also failed to comply with the statutory prerequisites to commence
proceedings supplementary. “What is required for a judgment creditor to initiate
proceedings supplementary to execution is to file a motion and an affidavit averring
specific information about the judgment or judgment lien and the existence of an
unsatisfied execution.” (Emphasis added). Pucci v. May-Wong Chou, 319 So. 3d 722,
723 (Fla. 3d DCA 2021), citing, §56.29(1), Fla. Stat. 1
WHEREFORE, Defendants respectfully request the entry of an order dismissing the
complaint.
1 Proceedings supplementary are initiated with a motion because they are to be filed in
the original proceeding. Here, it is the dissolution proceedings.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing was filed served
via e-mail through the Florida Courts e-Filing Portal on November 22, 2021 to all counsel
of record.
DORTA LAW
334 Minorca Avenue
Coral Gables, Florida 33134
Telephone: 305-441-2299
Telecopier: 305-441-8849
mrd@dortalaw.com
jgonzalez@dortalaw.com
By: /s/ Matias R. Dorta___________
MATIAS R. DORTA
Florida Bar No. 770817
Counsel for Defendants, Ramon Garcia,
Olga Ruiz, and W.G.R. Investment, Inc.
Law Offices of Bette Ellen Quiat
Oak Plaza Professional Center,
Suite B-5
8525 SW 92nd Street
Miami, Florida 33156
Tel.: (305) 279-4044
Fax: (305) 596-1198
bquiatlaw@gmail.com
By: /s/ Bette Ellen Quiat___________
BETTE ELLEN QUIAT
Florida Bar No. 239984
Co-Counsel for Defendant, Ramon
Garcia
Document Filed Date
November 22, 2021
Case Filing Date
October 25, 2021
Category
Contract & Indebtedness
For full print and download access, please subscribe at https://www.trellis.law/.
Preview
Filing # 139008016 E-Filed 11/22/2021 03:27:25 PM IN THE CIRCUIT COURT OF THE 11TH JUDICIAL CIRCUIT, IN AND FOR MIAMI- DADE COUNTY, FLORIDA OLGA GARCIA, CIVIL DIVISION Plaintiff, CASE NO.: 2021-023808-CA-01 vs. RAMON GARCIA, OLGA RUIZ, and W.G.R. INVESTMENT, INC., a Florida Corporation Defendants. ________________________________/ DEFENDANTS’ MOTION TO DISMISS Defendants, Ramon Garcia, Olga Ruiz, and W.G.R. Investment, Inc., move to dismiss Plaintiff, Olga Garcia’s Complaint, and states: 1. This action stems from the Olga Garcia’s (“Former Wife”) apparent dissatisfaction with the rulings she’s been getting in family court. Accordingly, she filed these “proceedings supplementary” in the wrong court without meeting any of the conditions precedent and before the family court rules on the issue at the center of this complaint, namely, the husband’s request to modify alimony. 2. Olga Garcia filed a dissolution action against her husband, Ramon Garcia (“Former Husband”), Case No.: 2015-6807 FC 04. 3. A Final Judgment of Dissolution of Marriage was entered pursuant to a Marital Settlement Agreement which was made part of the Final Judgment. See Exhibit A to Complaint. 4. At issue in this Complaint is the Former Husband ceasing to make alimony payments and the reason for doing so. See Complaint at paragraphs 9-10. 5. The alimony issues currently pending before the family court on the Former Husband’s Amended Petition for Modification and/or Termination of Alimony (“Amended Petition”). See Exhibit D to Complaint. 6. The Former Wife believes that the reasons set forth by the Former Husband in his Amended Petition are not well-taken so she proceeded to file this action pursuant to Fla. Stat. §56.29 (Proceedings Supplementary) claiming the Former Husband and the other defendants are liable for fraudulent transfers under Chapter 726, Florida Statutes. 7. Plaintiff filed this action in the wrong court. “Proceedings supplementary are post judgment proceedings conducted within the original proceeding.” Uoweit, LLC v. Fleming, 300 So. 3d 1201, 1203 (Fla 4th DCA 2020); Mejia v. Ruiz, 985 So. 2d 1109, 1112 (Fla. 3d DCA 2008)(“Pursuant to section 56.29, judgment creditors have ‘useful, efficacious and salutary remedy…to subject [assets to]…a speedy and direct proceeding in the same court in which the judgment was recovered.”) 8. Plaintiff also failed to comply with the statutory prerequisites to commence proceedings supplementary. “What is required for a judgment creditor to initiate proceedings supplementary to execution is to file a motion and an affidavit averring specific information about the judgment or judgment lien and the existence of an unsatisfied execution.” (Emphasis added). Pucci v. May-Wong Chou, 319 So. 3d 722, 723 (Fla. 3d DCA 2021), citing, §56.29(1), Fla. Stat. 1 WHEREFORE, Defendants respectfully request the entry of an order dismissing the complaint. 1 Proceedings supplementary are initiated with a motion because they are to be filed in the original proceeding. Here, it is the dissolution proceedings. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing was filed served via e-mail through the Florida Courts e-Filing Portal on November 22, 2021 to all counsel of record. DORTA LAW 334 Minorca Avenue Coral Gables, Florida 33134 Telephone: 305-441-2299 Telecopier: 305-441-8849 mrd@dortalaw.com jgonzalez@dortalaw.com By: /s/ Matias R. Dorta___________ MATIAS R. DORTA Florida Bar No. 770817 Counsel for Defendants, Ramon Garcia, Olga Ruiz, and W.G.R. Investment, Inc. Law Offices of Bette Ellen Quiat Oak Plaza Professional Center, Suite B-5 8525 SW 92nd Street Miami, Florida 33156 Tel.: (305) 279-4044 Fax: (305) 596-1198 bquiatlaw@gmail.com By: /s/ Bette Ellen Quiat___________ BETTE ELLEN QUIAT Florida Bar No. 239984 Co-Counsel for Defendant, Ramon Garcia