In a recent decision from Florida, there was addressed the
question of which judgment creditor should have the prior rights
with respect to the issuance of the charging order. Essentially,
the court found that the creditor who first moves for a charging
order is entitled thereto. Regions Bank v Hyman, No.
08:9-CV-1841-T-17MAP (M.D. Fla. April 27, 2015).
Regions bank held an unsatisfied judgment against Hyman in the
amount of $3,407,620.35, upon which interest accrued at 4.75% per
annum, which judgment was entered on September 28, 2012. Travelers
Casualty Insurance also held a judgment against Hyman in the amount
of $3.75 million, which judgment was entered on October 28, 2011.
While, based upon the recitation of the facts in the decision,
Regions Bank had been quite aggressive in pursuing Hyman, Travelers
had been far less diligent. Regions Bank had already been awarded
charging orders against Hyman's interest in several
partnerships; when Regions now sought charging
