Supreme Court of Florida

Shaun Olmstead, Appellants v. Federal Trade Commission, Appellee

June 24, 201035 Fla. L. Weekly Supp. 357

Summary

The Florida Supreme Court answered the certified question affirmatively, holding that under Florida law a court may order a judgment debtor to surrender all right, title, and interest in a single‑member limited liability company to satisfy a judgment. The Court based its decision on a plain‑meaning reading of the LLC Act, finding the charging‑order provision non‑exclusive and not displacing the execution remedy. Justice Lewis dissented, arguing that the statute’s plain language makes the charging order the exclusive remedy.