JUNO BY THE SEA CONDOMINIUM APARTMENTS, INC., APPELLANT,
v.
JUNO BY THE SEA NORTH CONDOMINIUM ASSOCIATION (THE TOWER), INC., A FLORIDA NON PROFIT CORPORATION, ETC., ET AL., APPELLEES
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[*400] PER CURIAM.
This is an interlocutory appeal from an order of January 7, 1982, entered in supplementary proceedings following final judgment. The court received the report of a special master and the defendant/appellant filed exceptions thereto. After a hearing, the court denied the exceptions but, in the body of its order, appeared to find liability on the part of individual stockholders who were not as yet joined as parties in the supplementary proceedings. To the extent that the court’s order of January 7, 1982, may be construed as a finding of liability against the unjoined stockholders, it is reversed and set aside. The rights of third parties may not be adjudicated in supplementary proceedings unless said parties have been fully impleaded and given an opportunity to defend. Art Advertising Company v. Associated Press, 340 So. 2d 1291 (Fla. 2d DCA 1977).
There is no attack made upon the trial court’s denial of the exceptions and that denial is affirmed.
AFFIRMED IN PART AND REVERSED IN PART.
BERANEK and GLICKSTEIN, JJ., concur. HURLEY, J., dissents in part with opinion.
HURLEY, Judge,
dissenting in part.
I read the order on appeal as merely finding that corporate assets can be traced into the hands of individual stockholders. Since the order does not purport to levy on these or any other assets held by individuals not joined as parties, cf. Art Advertising Co., Inc. v. Associated Press, 340 So. 2d 1291 (Fla. 2d DCA 1977), I would affirm.
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Sanchez v. Century Everglades, LLC., 946 So. 2d 563 (Fla. 3d DCA 2006)…Ryan’s Furniture Exchange, Inc. v. McNair, 120 Fla. 109, 162 So. 483, 487 (1935) (emphasis in original). See, e.g., Meyer v. Faust, 83 So. 2d 847, 848 (Fla. 1955); Juno By The Sea Condo Apartments, Inc. v. Juno By The Sea North Condo. Assoc., Inc., 419 So. 2d 399, 400 (Fla. 4th DCA 1982); Manor Grove Land Corp. v. Salkay, 390 So. 2d 121, 122 (Fla. 4th DCA 1980); Art Adver. Co., Inc. v. Associated Press, 340 So. 2d 1291, 1292 (Fla. 2nd DCA 1977). Here, Sanchez was denied his due process rights by the trial co…
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Bakalarz v. Luskin, 560 So. 2d 283 (Fla. 4th DCA 1990)…ading or otherwise acquiring jurisdiction over them. See generally Ryan’s Furniture Exchange v. McNair, 120 Fla. 109, 162 So. 483 (Fla.1935); Juno By The Sea Condominium Apartments, Inc. v. Juno By The Sea North Condominium Ass’n. (The Tower), Inc., 419 So. 2d 399 (Fla. 4th DCA 1982); Wieczoreck v. H & H Builders, Inc., 450 So. 2d 867 (Fla. 5th DCA 1984); Art Advertising Co., Inc. v. Associated Press, 340 So. 2d 1291 (Fla. 2d DCA 1977); Tomayko v. Thomas, 143 So. 2d 227 (Fla. 3d DCA 1962). I agree that a supp…
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Pacesetter Builders-Joint Venture, Inc. v. Coral Springs Prop. Servs., Inc., 531 So. 2d 1061 (Fla. 4th DCA 1988)…ss, just as any other party or third party defendant. See State ex rel. Phoenix Tax Title Corp. v. Viney, 120 Fla. 657, 168 So. 57, 60 (1935); Juno By The Sea Condominium Apartments, Inc. v. Juno By The Sea North Condominium Association (The Tower), 419 So. 2d 399 (Fla. 4th DCA 1982); Neff v. Adler, 416 So. 2d 1240 (Fla. 4th DCA 1982); Wieczoreck v. H & H Builders, Inc., 450 So. 2d 867 (Fla. 5th DCA 1984). Rule 1.540 may not be used to state a new cause of action in which liability for an existing judgment is…
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- ART Advertising Co., Inc. v. The Associated Press, 340 So. 2d 1291 (Fla. 2d DCA 1977)