RADIO SOUTH DADE, INC., AS ASSIGNEE OF MANUEL ARQUES, APPELLANT,
v.
RAMIRO MARRERO, APPELLEE
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Radio South Dade, Inc., as assignee of a judgment creditor, appealed a trial court order satisfying a judgment against Ramiro Marrero despite the defendant's non-payment. The court reversed, holding that the assignee succeeded to all rights of the original judgment creditor, including the right to execute on the judgment.
An assignee of a judgment creditor stands in the shoes of the original creditor and succeeds to all the creditor's rights, including the right to execute on the judgment. Absent a showing of fraud or equitable estoppel, the assignment does not affect the assignee's collection rights.
[1] An assignee of a judgment succeeds to the rights of the judgment creditor, including the right to execute on the judgment.
[2] A prior action by an assignee to collect on a different debt secured by the same property does not affect the assignee's right to execute on a subsequently assigned judgm…
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Join FLexlaw to unlock all legal intelligence“The plaintiff as-signee in these supplementary proceedings stands in the shoes of the judgment creditor Manuel Arques and, as such, succeeds to such creditor's rights — which necessarily include the right to execute on the subject judgment.”
Establishes the core principle that judgment assignees succeed to all rights of the original creditor.
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Join FLexlaw to unlock all legal intelligenceManuel Arques obtained a judgment against Ramiro Marrero on a promissory note. Radio South Dade, Inc. was assigned this judgment by Arques. The trial …
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PER CURIAM.
This is an appeal by the plaintiff Radio South Dade, Inc. [who is the assignee of a judgment obtained by Manuel Arques against the defendant Ramiro Marrero in a suit on a promissory note] from a post-judgment trial court order satisfying the subject judgment, although admittedly the defendant has not paid on the judgment. We reverse the post-judgment order under review and remand the cause to the trial court with directions to allow the plaintiff to pursue judgment execution proceedings against the defendant. The plaintiff assignee in these supplementary proceedings stands in the shoes of the judgment creditor Manuel Arques and, as such, succeeds to such creditor’s rights — which necessarily include the right to execute on the subject judgment. Florida East Coast Ry. v. Eno, 99 Fla. 887, 894, 128 So. 622, 626 (1930); City Nat’l Bank of Coral Gables v. H. & B. Constr. Corp., 183 So. 2d 704 (Fla. 3d DCA 1966); 4 Fla.Jur.2d Assignments § 16 (1978).
It is undisputed that the judgment creditor Manuel Arques’ rights to collect on the subject judgment were in no way affected by a prior action brought by Radio South Dade, Inc. to collect on another promissory note and to foreclose on the property securing that note, which property also secured the promissory note sued upon in the instant case. Absent some showing of fraud or equitable estoppel, it is plain that the assignment of the subject judgment by the judgment creditor Manuel Arques cannot affect the rights of the judgment creditor’s assignee [the plaintiff herein] to collect on the said judgment — as said assignee indisputably succeeds to the rights of the judgment creditor. Contrary to the defendant’s argument, we conclude that the plaintiff committed no fraud on the defendant or anyone else in this case, and, accordingly, may execute on the subject judgment.
Reversed and remanded.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Fla. E. Coast Ry. Co. v. Eno, 99 Fla. 887 (Fla. 1930)
- The City Nat'l Bank OF Coral Gables v. H. & B. Constr. Corp., 183 So. 2d 704 (Fla. 3d DCA 1966)
- Guthery v. State Bev. Dep't of Fla., 183 So. 2d 704 (Fla. 3d DCA 1966)