I don't know much about Florida law and procedure so may be well off the mark so just following logic. Wish I knew more so a more frank and factual discussion could be had but we are all outsiders. Sometime lawyers are so smart they make a mess of things that could have been simple if simple instructions and requests had been followed and common sense had been applied. Claiming compo afterwards is hardly a good strategy.
"It does look like Yowie will be taking the cash for the property against the bond (otherwise surely there would have been some motion to recover the equipment)."
IMO This has to be seen in light of the whole case and the fact bonds have been put up by both parties and the bonds don't seem specific against each part of the case.
If cash bond was only surety for the property. I would think it would not be seen by a judge in a good light to try and get the cash not property when your whole initial case was to get property? Subsequent events are not in control of other party. It is a minefield which is why litigation should always try and be avoided or settled as fast as you can in the USA as no hard and fast rules other than lawyers always get paid. To try and claim costs for attempted recovery of a machine when you possibly haven't communicated and complied with the basics of removing machinery in a food grade facility etc etc and spend your time/ money trying to enforce probably isn't a good look. Depends if a judge understands these circumstances and what gravity he applies and what strategy lawyers take. YOW and Hank would have to release heaps of confidential business costs to put forward or defend such actions and that just tells the whole world your exact costs, margins and contractual obligations. This has in the past shown the "talk"and "word" communicated about YOW has not always been the same IMO as the reality.
I don't know or exactly understand the strategy. Some thoughts I am just not going to write down if you know what I mean. I suspect ( guess) that collecting machine may have risked left bond by Whetstone being able to be applied to returned.? You never know what a judge will rule so better to leave it alone? Thus no point in rushing that process as if successful in other claim you want $ available not be chasing a shell?? 6 months extra with a machine unavailable and you already have excess capacity? Would have , could have claims are fraught with danger unless you can show you lost a contract already in place as you were unable to supply etc etc. You need to make the loss to enable a claim not have a imaginary unrealised loss. That is damages and is a whole other kettle of fish imo.
Reality is that the ball is being kicked down the road and it has helped YOW as they raised cash and have massive excess production capacity in place. Hank knows his way around a courtroom so unlike many here I would never assume a poor strategy from his side as we don't know his end game and other say it is spite etc but ?????? Hank may have disrupted part of Yow business plan but in many ways "that's business" unless there is a specific event that is provable and claimable with no defense.
I haven't seen an approved application for YOW to have their bond returned or reduced so I feel that bonds may be seen as surety as costs , damages for whole case.??
In regards to recovering legal fees in USA it is not a loser pays system. . Unless it is seen as a mischievous claim , lawyers lying etc etc and lawyers don't take it that far very often for obvious risk reasons. Court costs and damages are different .
Finally - If YOW don't want the wrapper and they are going great guns and 100% growth YOY etc then they will need another wrapper - have they got a option over another or an order in place? Are they with expansion into other markets going to need one in another production factory elsewhere from NY? Do you then end up with a single remote wrapper in another factory and no redundancy ?
In regards to comments on newer faster wrappers etc etc I am yet to see another economical solution so I see that as a distraction for now.
Would not be a great look for Loxton to be stood down or not part of YOW until all these old matters are settles IMO as he has certain protections and responsibilities etc..
(20min delay)