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 held that, under Florida law, a court may order a judgment debtor to surrender all right, title, and interest in the debtor’s single‑member limited liability company to satisfy an outstanding judgment. The Court reasoned that the charging‑order provision in §608.433(4) is not exclusive and does not preclude the creditor’s execution remedy under §56.061. A dissent argued the opposite, maintaining that the statute permits only a charging order and that surrender of the entire interest is beyond the legislature’s intent.