O. A. GROFF AND EFFIE B. GROFF, HIS WIFE, APPELLANTS,
v.
THE BANK OF WEST TAMPA, A CORPORATION, APPELLEE
O. A. GROFF AND EFFIE B. GROFF, HIS WIFE, APPELLANTS,
THE BANK OF WEST TAMPA, A CORPORATION, APPELLEE
104 Fla. 439
Florida Supreme Court (1932)
Positive Treatment
Also reported at: 140 So. 194
Cited by 2 cases
Opinion of the Court
—This canse having been heretofore submitted to the Court upon the transcript of the record of the final decree herein and briefs and argument of counsel for the respective parties, and the record having been seen and inspected, and the Court being now advised of its judgment to be given in the premises, it seems to the Court that there is no error in the decree appealed from. It is therefore considered, ordered and adjudged by the Court that the said decree of the Circuit Court be, and the same is hereby affirmed.
Terrell and Davis, J.J., and Koonce, Circuit Judge, concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Headley v. Pelham, 366 So. 2d 60 (Fla. 1st DCA 1978)…y clear and convincing evidence. Middleton v. Plantation Homes, 71 So. 2d 503 (Fla.1954). Whether fraud is present in a particular transaction is to be determined by the particular facts sur-' rounding the conveyance. Stelle v. Dennis, 104 Fla. 384, 140 So. 194 (1932). The trial judge, in considering all of the circumstances surrounding the transactions in this case, determined that fraud did not exist. We agree. Appellee had originally loaned Pelham Enterprises, Inc. (a corporation in which he had no inte…
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Livesay Indus., Inc. v. Livesay Window Co., Inc., 305 F.2d 934 (5th Cir. 1962)…emblance of justification or excuse for them otherwise. Their only purpose was to defraud appellants. The holding of the District Court to the contrary was clearly erroneous. As the Florida Supreme Court said in Stelle v. Dennis, 1932, 104 Fla. 384, 140 So. 194, “When the legal effect of a conveyance is to defraud creditors, no matter what the actual intention may have been, it is fraud in law.” Livesay Window Company and the natural defendants violated § 608.55, Fla. Statutes Annotated as a matter of law…