Filing# 140169544 E-Filed 12/11/2021 09:50: 15 AM

IN THE CIRCUIT COURT OF THE 15TH JUDICIAL CIRCUIT

IN AND FOR PALM BEACH COUNTY, FLORIDA

FIRST AMERICAN BANK, as successor CIRCUIT CIVIL DIVISION: AH

by merger to Bank of Coral Gables, LLC,
CASE NO: 50-2016-CA-9292-XXXX-MB
Plaintiff,
vs.

LAURENCE S. SCHNEIDER,

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STEPHANIE L. SCHNEIDER, et. al.,

Defendants,

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and

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THE NORTHERN TRUST COMPANY,

Garnishee.

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EMERGENCY MOTION TO DISSOLVE WRITS OF GARNISHMENT

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S&A Capital Partners, Inc. ("S&A Capital"), a Florida corporation, through undersigned
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counsel and pursuant to Fla. Stat. §77.07(2) and §77.16 moves for entry of an Order dissolving
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the Writs of Garnishment issued in this action against The Northern Trust Company ("Northern

Trust") as they relate to S&A Capital's business checking account at Northern Trust ("the
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Account"), and in support thereof states:

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1. On September 22, 2021, this Court entered a Final Judgment in the amount of

$1,547,391.54 against Defendants Laurence L. Schneider ("Laurence Schneider") and

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Stephanie L. Schneider ("Stephanie Schneider"), ( collectively "the Defendants").

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2. In an effort to enforce the Judgment, on October 13, 2021, Plaintiff filed Motions

requesting the entry of Writs of Garnishment ("the Writs") against Northern Trust.

3. On October 25, 2021, the Clerk of this Court issued the Writs, one directed at

whatever personal property of Laurence Schneider that Northern Trust had in its possession or

FILED: PALM BEACH COUNTY, FL, JOSEPH ABRUZZO, CLERK, 12/11/2021 09:50:15 AM
control, and the other at whatever personal property of Stephanie Schneider that Northern Trust

had in its possession or control.

4. Plaintiff served the Writs on Northern Trust on October 29, 2021. Despite the

very narrow focus of the Writs, which were only directed to personal property owned by the

Defendants which was under Northern Trust's control, Northern Trust froze and retained the

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Account, with an approximate balance of $268,561.68.

5. On November 18, 2021, Northern Trust filed its Answer disclosing the Account

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and confirming that it was in fact "titled in the name of S&A Capital Partners" and that it was

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retaining the funds therein on the ground that Defendant Laurence Schneider is an "authorized

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signer" on the Account. 1

6. Accordingly, inasmuch as the Account is concerned, Northern Trust is not

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indebted to and does not have tangible or intangible properly belonging to the Defendants.
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7. S&A Capital has suffered and continues to suffer irreparable harm as a result of
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having its business checking account frozen by frozen by Northern Trust, which, arguably, has

exceeded its statutory mandate in retaining funds belonging to S&A Capital on the alleged
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ground that one of the Defendants is an authorized signer on the Account.

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LEGAL ARGUMENT
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Florida law provides for the remedy of garnishment pursuant to Fla. Stat. § 77.01 et. seq.
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A writ of garnishment can only be directed at "any debt due to defendant by a third person or
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any debt not evidenced by a negotiable instrument that will become due absolutely through the

passage of time only to the defendant by a third person, and any tangible or intangible personal

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In its Answer, Northern Trust also revealed that it retained three other bank accounts pursuant to the Writs which
were either maintained in the name(s) ofDefendant(s) or on which Defendant Laurence Schneider was an
authorized signer.

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property of defendant in the possession or control of a third person." See §77.01, Fla. Stat.

(2021) (emphasis added). The garnishment statute is in derogation of the common law and thus

is to be strictly construed. Gray Robinson, P.A. v. Fireline Restoration, Inc., 46 So. 3d 170, 172

(Fla. 4th DCA 2010) ("Garnishment is a statutory remedy which is limited to the scope and

authority of the statute"). Under Chapter 77, there are two ways to seek dissolution of a writ of

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garnishment: (1) on motion of the Defendant or any other person having an ownership interest in

the property, as disclosed by the garnishee's answer 2, challenging the truth of the allegations in

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the creditor's motion for the writ, see Fla. Stat. § 77.07(2); or (2) on an affidavit of a third party

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claiming the garnished property belongs to the third party, and not the debtor. See Fla. Stat. §

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77.16; Villamorey, S.A. v. BDT Investments, Inc., 245 So. 3d 909 (Fla. 3d DCA 2018).

In paragraph 3 of its Answer, Northern Trust confirmed that the Account is in fact "titled
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in the name of S&A Capital Partners" and that Northern Trust is retaining the sum of
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$268,561.68, per the Writ of Garnishment. Under Florida law, funds in a bank account are
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presumed to belong to the person in whose name it stands. See Stanbro v. McCormick 105, LLC,

213 So. 3d 925,927 (Fla 4 th DCA 2017); see also Branch Banking and Trust Company v. Ark
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development /Oceanview, LLC, 150 So. 2d 817 (Fla. 4th DCA 2014). Accordingly, the
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presumption is that the Account is owned by Intervenor S&A Capital. 3

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Moreover, even if Defendant Laurence Schneider is an "authorized signer" on the

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Account, this fact is legally irrelevant, since, under Florida law, signature cards do not confer
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Chapter 77.055 requires the Plaintiff to serve, by mail, a copy of the garnishee's answer, and a notice advising the
recipient that he or she must move to dissolve the writ of garnishment within 20 days after the date indicated on the
certificate of service in the notice if any allegation in the plaintiffs motion for writ of garnishment is untrue. The
plaintiff shall serve these documents on the defendant and any other person disclosed in the garnishee's answer to
have any ownership interest in the deposit, account, or property controlled by the garnishee. Plaintiff has failed to
send such notice to S&A Capital.

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Northern Trust stated in its Answer that Defendant, Laurence Schneider is an "authorized signer" on the account
which is not evidence of an ownership interest.

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ownership status on the authorized signer. In re Guardianship ofMedley, 573 So.2d 892 (Fla. 2d

DCA 1990). Thus, inasmuch as the Account is concerned, it is simply untrue that Northern Trust

is indebted to or has tangible or intangible properly belonging to the Defendants, as it is owned

solely by S&A Capital and Defendant Laurence Schneider is merely an authorized signer.

It is a basic principle of garnishment law that a plaintiff merely stands in the shoes of the

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judgment debtor. Ginsberg v. Goldstein, 404 So.2d 1098 (Fla. App. 1981). As such, it is

universally held that property which is not actually and in "good conscience" deemed to be

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owned by the debtor may not be secured by the judgment creditor. Id. Since the Account is

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owned solely by S&A Capital, there is no legal basis for Northern Trust to retain the funds

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therein pursuant to the Writs.

In support of its Motion, S&A Capital incorporates the attached Affidavit of Brad H.
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Axel, its Vice President, swearing to the fact that the Account is owned by S&A Capital.
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CONCLUSION
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In this proceeding, Plaintiff seeks to garnish any debt due the Defendants by Northern

Trust. According to the Answer filed by Northern Trust, the Account is titled in the name of
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S&A Capital. Under Florida law, funds in a bank account are presumed to belong to the person
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in whose name it stands. Since S&A Capital is the owner of the Account, it cannot legally be
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deemed to be property of the Defendants which is in the control or possession of the Garnishee,
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Northern Trust. As such, the Account is not properly subject to the Writs and this Court should
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enter an Order dissolving the Writs (as they relate to the Account) and directing Northern Trust

to immediately release the Account from the scope of this proceeding.

WHEREFORE, S&A CAPITAL PARTNERS, INC., requests that this Court enter an

Order granting its Emergency Motion to Dissolve Writs of Garnishment pursuant to Fla. Stat.

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§77.07(2) and granting S&A Capital immediate access to the Account at Northern Trust under

the authority of Fla. Stat. §77.07 and/or §77.16, waives its right to a jury trial under §77.16, and

any other relief it deems just and proper.

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on the date of filing this document, as reflected by thee-

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filing stamp inserted upon it by the Clerk of Court, a true and correct copy of the foregoing was

forwarded via e-mail to the attorneys of record as set forth on the Florida E-File portal.

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Isl Kenneth L. Salomone

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KENNETH L. SALOMONE (FBN 893481)
1701 West Hillsboro Blvd., #203

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Deerfield Beach, Florida 33442
P: (954) 947-6250 / F: (904) 289-4537
eservice@klslawgroup.com
Attorney for Intervenor
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Isl Sean D. Hummel

SEAN D. HUMMEL (FBN 939757)
1701 West Hillsboro Blvd., #203
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Deerfield Beach, FL 33442

P: (954) 385-3111 /F: (954) 653-4171
sean@hummelaw.com
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Attorney for Intervenor

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 IN THE CIRCUIT COURT OF TH
E 15TII JUDICIAL CIRCUJIT
IN AND FO R PA LM BE AC H CO
UNTY, FL OR IDA
FIRST AMERICAN BANK, as suc
cessor CIRCUIT CIVIL DM SIO N: AH
by merger to Ban k of Coral Gables,
LLC,
CASE NO: 50-2016-CA-9292-XX
I .
Plaintiff, XX-MB
vs.

LA UR EN CE S. SCHNEIDER,

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ST EP HA NIE L. SCHNEIDER, et.
al.,
Defendants,
and

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THE NO RT HE RN TRUST COMP

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ANY,

Garnishee.

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- - - - - - - - - - - - - - -I
AF FID AV IT OF BR AD H. AX EL
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S& A Capital Partners, Inc. ("S&A
Capital"), files the following affidav
it in support of
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its Emergency Motion to Dissolve

Writs of Garnishment and in suppor
t the reo f ltates:
STATE OF FL OR IDA
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)
CO UN TY OF PA LM BE AC H
)
Before me, the undersigned author
ity, appeared BR AD H. AXEL, who
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~ after bei ng duly

sworn, deposes and says:
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1. I have personal knowledge of the ma

tters set forth herein and declare und
er the
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penalty of perjury tha t the factual ass

ertions in this affidavit are tru e and correct.
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2. I am the Vice President of S& A Cap

ital, a Florida corporation tha \ wa s
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form ed in
2002, with a principal address of 290
1 Cli nt Moore Road, #410, Bo ca Rat
on, FL 33496.
. . 3. Sin~e apprnximately 2004, S&A Cap
ital has been the sole o~ er ~f and
has
mamtamed the basic busmess checki
ng account ("the S&A Capital Acc
ount' ) which the

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 Northern Trust Company identified in
paragraph 3 of its November 18, 2021
Answer. The S&A
Capital Account is its only bank accoun
t.
4. The Plaintiff in this case, First Americ
an Bank, does not have a Judgment aga
inst
S&A Capital.

5. The Defendant Laurence S. Schneider

is an authorized signer on the S&A Capital

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Account for the purpose of facilitating
the company's daily operations.
6. S&A Capital has suffered and continu
es to suffer irreparable ha as a result of

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having its business checking account
frozen by frozen by Northern Trust.

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ED
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Sworn to and subscribed before me on this
I0th day of December, 202\1 by BR AD H.
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AXEL who is_ personally known to

me or 0' ho produced~[. #frl4-0tif73tf3P as
identification and who did take an oath
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that the matters set forth herein are true

lnd correct to the
best of his knowledge and belief.
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