Motion,Ex Parte: OCEAN BANK VS DREAM SHOW PRODUCTIONS 2020, LLC ET AL

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                                Filing # 136419529 E-Filed 10/12/2021 05:36:01 PM


                                   IN THE CIRCUIT COURT OF THE 11TH JUDICIAL CIRCUIT
                                           IN AND FOR MIAMI DADE COUNTY, FLORIDA

                  OCEAN BANK,                                                             CIVIL DIVISON
                           Plaintiff,

                  vs.                                                                     MAIN
                                                                                          CASE NO.:       20-10948 CA 01
                  BLUE CONCERTS, LLC AND VICTOR ALAIN
                  BELTRAN DE LA PARTE,
                           Defendants.
                  ___________________________________________/

                  OCEAN BANK,
                           Plaintiff,
                  vs.

                  DREAM SHOW PRODUCTIONS 2020 LLC,                                        SUPPLEMENTAL
                  ENTERTAINMENT ADVISORS OF FLORIDA                                       CASE NO.: 21-019003 CA 01
                  LLC, MERCEDES VALARINO, and STEPHANIE
                  URBINA
                           Impleaded Defendants.
                  ___________________________________________/

                           MOTION TO STRIKE REQUEST FOR ATTORNEY’S FEES AND COSTS

                           COMES        NOW      Defendants,     Dream      Show     Productions     2020    LLC,     Entertainment
                  Advisors     Of   Florida,    LLC,    Mercedes      Valarino,    and   Stephanie     Urbina,    by   and    through
                  undersigned     counsel,    and   files  the  above    styled   Motion    and   in  support    thereof   states  the
                  following:
                           1.  This    matter   is  based    on   a   proceedings     supplementary       against    the  Impleaded
                  Defendants pursuant to Florida Statute §56.29.
                           2.  In Counts I through XIII of the Supplemental Complaint, Plaintiff is seeking an award
                  of attorney’s fees and costs pursuant to Florida Statute §56.29(8) and §57.115.
                           3.  Plaintiff  is not  entitled  to  an  award   of  attorney’s   fees  and   costs  against   the  named
                  Defendants pursuant to Florida Statute §56.29(8).
                           4.  Pursuant to Florida Statute §56.29(8), “Costs for proceedings supplementary shall be
                  taxed   against   the  judgment      debtor    as  well   as  all  other  incidental    costs  determined     to  be
                  reasonable and just by the court including, but not limited to, docketing the execution, sheriff’s
                  service   fees,  and   court   reporter’s   fees.  Reasonable     attorney    fees  may    be  taxed   against   the
                  judgment debtor.”        Emphasis added.
                           5.  Pursuant to Florida Statute §56.0101(4) “Judgment debtor” means each person who is
                  liable on a judgment, an order, or a decree subject to execution under this chapter.”
                           6.  The Defendants are not the judgment debtors and therefore, §56.29(8) is inapplicable
                  to Defendants.
                           7.  The judgment debtors in this matter are, Blue Concerts, LLC and Victor Alain Beltran
                  De La Parte.
                           8.  Plaintiff  is not  entitled  to  an  award   of  attorney’s   fees  and   costs  against   the  named
                  Defendants pursuant to Florida Statute §57.115.
                           9.  Pursuant   to  Florida   Statute   §57.115(1),    “The   court   may   award    against   a  judgment
                  debtor   reasonable     costs   and   attorney’s   fees   incurred    thereafter   by  a   judgment     creditor   in
                  connection with execution on a judgment.”
                           10.  The Defendants are not judgment debtors and therefore, §57.115(1) is inapplicable to
                  Defendants.
                           11.   There   is also  no  statutory   attorney  fees  and   costs  provisions   for  Counts    II through
                  XIII of the complaint based on Uniform Fraudulent Transfer Act – Florida Statutes §726.105 and
                  §726.106.
                           WHEREFORE, Defendants move this Court for an Order striking Plaintiff’s request for
                  attorney’s   fees  and  costs  referenced    in each   count,  Counts    I through   XIII,  of  the Supplemental
                  Complaint and granting all other relief this Court deems just and appropriate.
                                                         CERTIFICATE OF SERVICE
                           I HEREBY CERTIFY that on this               12th     day of October 2021, a true and correct copy
                  of the foregoing has been furnished via electronic mail to:            Weissman & Dervishi, P.A., c/o Peter
                  A. Tappert, Esquire at ptappert@wdpalaw.com.
                                                                                          Law Offices of Samir Masri
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                                                                                          Coral Gables, Florida 33134
                                                                                          Telephone: (305) 445-3422
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                                                                                          By:      s/ Samir Masri
                                                                                               Samir Masri, Esquire
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