Proceedings Supplementary To Execution

85 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Ryan's Furniture Exch., Inc. v. McNair
  120 Fla. 109· Fla.· 1935-06-19 ·cited 246×
  Ryan's Furniture Exchange, Inc., sought to overturn a circuit court order issued during supplementary proceedings to execution that declared the company a mere continuation of judgment debtor Ryan Bros., Inc., and ordered seizure of its assets. The Florida Supreme Court held that
• George E. Sebring Co. v. O'Rourke
  134 So. 556· Fla.· 1931-02-13 ·cited 113×
  The Florida Supreme Court reversed the lower court's denial of a demurrer to a creditor's bill seeking to set aside allegedly fraudulent conveyances. The court held that a creditor holding notes secured by a mortgage on different property must first obtain a judgment at law befor
• Advertects, Inc. v. Sawyer Indus., Inc.
  84 So. 2d 21· Fla.· 1955-12-14 ·cited 95×
  Advertects seeks to pierce the corporate veil of Sawyer Industries to hold individual stockholders personally liable for a judgment against the corporation. The Florida Supreme Court affirms the trial judge's refusal to issue a rule nisi against the stockholders, holding that pie
• State v. Viney
  120 Fla. 657· Fla.· 1935-08-29 ·cited 75×
  This case involves a prohibition proceeding where relators sought to quash a rule to show cause issued by a Circuit Judge. The Supreme Court held that the Circuit Court's proceedings, which aimed to subject property to a judgment, were in conformity with the law regarding supplem
• Richard v. McNair
  121 Fla. 733· Fla.· 1935-11-12 ·cited 73×
  The Florida Supreme Court addresses whether proceedings supplementary to execution may subject property of a third-party judgment creditor without making that creditor a party to the proceedings and affording him due process. The court holds that constitutional due process requir
• Tomayko v. Thomas
  143 So. 2d 227· Fla. 3d DCA· 1962-06-19 ·cited 46×
  Anna Tomayko appeals an order requiring her to pay over $10,000 in trust assets to Martha Thomas, a judgment creditor of Tomayko's husband. The court reverses, holding that Tomayko was not properly made a party defendant and was not afforded adequate due process to present defens
• Nelly Saffran v. Adler
  152 Fla. 405· Fla.· 1943-02-19 ·cited 43×
  A judgment creditor sought to collect a $2,500 judgment against a defendant in an automobile accident case by executing on property claimed to be the defendant's homestead. The circuit court held the property exempt as homestead and the creditor sought review by certiorari, but t
• First Nat'l Bank of Miami v. Bebinger
  99 Fla. 1290· Fla.· 1930-06-06 ·cited 43×
  The Florida Supreme Court held that a writ of error lies to review a final order in a proceeding supplementary to execution, determining whether property is subject to levy under a judgment. This case established that such supplementary proceedings constitute a final "case" revie
• Schwartz v. Cap. City First Nat'l Bank
  365 So. 2d 181· Fla. 1st DCA· 1978-11-22 ·cited 25×
  Venue for proceedings supplementary to execution remains with the court that entered the original judgment, and service on one co-trustee is sufficient if that trustee can represent the trust.
• Neff v. Adler
  416 So. 2d 1240· Fla. 4th DCA· 1982-07-21 ·cited 24×
  Neff, a non-resident trustee who was a judgment debtor, challenges the trial court's order impleading him individually in a post-judgment supplementary proceeding. The Fourth District Court of Appeal holds that while section 56.29 permits impleading third parties in supplementary
• MacHado v. Foreign Trade, Inc.
  544 So. 2d 1061· Fla. 3d DCA· 1989-06-06 ·cited 22×
  The Florida Third District Court of Appeal dismissed an appeal from a contempt order and an order impleading appellants in supplementary proceedings. The court found the contempt appeal moot because the appellant had complied with the trial court's order, and the impleading order
• Puzzo v. RAY
  386 So. 2d 49· Fla. 4th DCA· 1980-07-23 ·cited 22×
  The court held that a judgment debtor's right of action for conversion constitutes a "property right" that may be reached by a judgment creditor in supplementary proceedings under Florida law. Ray, a judgment creditor, was permitted to pursue Alliance's conversion claim against P
• Virginia-Carolina Chem. Corp. v. Smith
  121 Fla. 720· Fla.· 1935-10-15 ·cited 22×
  Virginia-Carolina Chemical Corporation obtained a judgment against D. C. Smith and sought to reach property in Sumter County that Smith had conveyed to his brother F. D. Smith through supplementary execution proceedings. The Florida Supreme Court reversed because F. D. Smith, a t
• Exceletech, Inc. v. S.W. Williams
  579 So. 2d 850· Fla. 5th DCA· 1991-05-16 ·cited 20×
  Exceletech challenged its impleader in supplementary proceedings, arguing the trial court failed to examine the judgment creditor before adding it as a party. The Fifth District rejected this requirement, holding that the Florida Rules of Civil Procedure govern joinder in post-ju
• Longo v. Associated Limousine Servs., Inc.
  236 So. 3d 1115· Fla. 4th DCA· 2018-01-24 ·cited 19×
  A judgment creditor who files a motion and affidavit satisfying section 56.29(1) is entitled to proceedings supplementary as a matter of right, but impleader of third parties under section 56.29(2) requires the judgment creditor to describe with reasonable particularity any prope
• Biel REO, LLC v. Barefoot Cottages Dev. Co. LLC
  156 So. 3d 506· Fla. 1st DCA· 2014-12-12 ·cited 19×
  Biel Reo, LLC sought to enforce a $4.5 million judgment against debtors Gwin and Shoults by pursuing assets they transferred to irrevocable family trusts after defaulting on a guaranteed loan. The court reversed the trial court's dismissal based on statute of limitations, holding
• Zureikat v. Alwad Al Shaibani
  944 So. 2d 1019· Fla. 5th DCA· 2006-03-10 ·cited 17×
  Jacob Zureikat borrowed $200,000 from Alwad Al Shaibani for a real estate transaction but misappropriated the funds, using them for personal benefit and investing in his homestead. After obtaining a $200,000 judgment, Shaibani sought supplementary proceedings and successfully est
• Treated Timber Prods., Inc. v. S & A Assocs., Inc.
  488 So. 2d 159· Fla. 1st DCA· 1986-05-14 ·cited 17×
  The court held that the trial court erred by applying the incorrect burden of proof when denying a petition for supplemental relief under Florida Statute § 56.29(6)(a).
• Reese v. Baker
  98 Fla. 52· Fla.· 1929-06-21 ·cited 17×
  T.T. Reese, president of a failed bank, was held in contempt for refusing to answer questions about property he owned outside Florida during supplementary proceedings to execution on a judgment against him. The Florida Supreme Court upheld his contempt conviction, holding that th
• Sverdahl v. Farmers & Merchs. Sav. Bank
  582 So. 2d 738· Fla. 4th DCA· 1991-07-10 ·cited 16×
  The Fourth District Court of Appeal dismissed an appeal of an order impleading third parties in a supplementary proceedings action, holding that such impleader orders are not immediately appealable because they do not determine substantive rights and are merely procedural steps a
• 381651 Alberta, Ltd. v. 279298 Alberta, Ltd.
  675 So. 2d 1385· Fla. 4th DCA· 1996-07-10 ·cited 15×
  In this fraudulent conveyance case, the trial court found that a Canadian judgment creditor could set aside transfers of real property made by a judgment debtor through his family trust entity and recover the property to satisfy the judgment. The court held that actions to set as
• Timothy Dunn Assocs., Inc. v. Seligman
  557 So. 2d 207· Fla. 5th DCA· 1990-02-22 ·cited 14×
  Timothy Dunn Associates and related corporations appeal an amended final judgment entered in proceedings supplementary to execution. The trial court impleaded these third parties and entered judgment against them based on an alter ego theory without providing them adequate notice
• Jacksonville Bulls Football, Ltd. v. Blatt
  535 So. 2d 626· Fla. 3d DCA· 1988-12-13 ·cited 14×
  Jacksonville Bulls Football appealed a trial court judgment that set aside three asset transfers and a consent judgment as fraudulent conveyances designed to hinder collection of a foreign judgment. The Florida appellate court reversed, holding that transfers for adequate cash co
• Cont'l Cigar Corp. v. Edelman & Co., Inc.
  397 So. 2d 957· Fla. 3d DCA· 1981-04-14 ·cited 14×
  Continental Cigar Corporation appealed a summary judgment in supplementary execution proceedings that determined the trademark "Dos Gonzalez" and logo were assets of Dos Gonzalez Cigars, Inc., not Continental Cigar. The court affirmed, holding that trademarks are amenable to exec
• Bloco, Inc. v. Porterfield OIL Co., Inc.
  990 So. 2d 578· Fla. 2d DCA· 2008-08-06 ·cited 13×
  Bloco appeals an award of attorney's fees to Porterfield, arguing that Porterfield never pleaded entitlement to fees and failed to identify a contractual or statutory basis for the award. The court reverses, holding that a party must plead entitlement to attorney's fees and that
• Sargeant v. Mohammad Anwar Farid Al-Saleh
  137 So. 3d 432· Fla. 4th DCA· 2014-03-05 ·cited 12×
  The Florida Fourth District Court of Appeal reversed a trial court order compelling judgment debtors to turn over foreign stock certificates, holding that Florida courts lack jurisdiction to order the turnover of property located outside the state, even when they have personal ju
• Selma Schwartz & Butler Realty Corp. v. Sherman
  210 So. 2d 469· Fla. 3d DCA· 1968-04-30 ·cited 12×
  This appeal addresses whether a trial court had jurisdiction over consolidated cases to void a judgment obtained through collusion and determine preference among competing judgments, and whether attorney's fees were properly awarded as costs. The court upheld the substantive judg
• Novak v. Snieda
  659 So. 2d 1138· Fla. 2d DCA· 1995-08-09 ·cited 11×
  Novak appeals a contempt order for failing to answer questions at a deposition in aid of execution. The appellate court reverses, holding that the contempt order violated due process by providing for automatic issuance of a committal order without a hearing and by failing to incl
• Sylvio Tabet v. Tabet
  644 So. 2d 557· Fla. 3d DCA· 1994-10-12 ·cited 11×
  A judgment creditor sought to enforce a California divorce judgment against his ex-wife's property interest in Florida real estate titled to a German entity. The trial court dismissed for lack of personal jurisdiction, but the appellate court reversed, holding that a judgment deb
• Spector v. Robert L. Spector, Robert L. Spector, P.A.
  226 So. 3d 256· Fla. 4th DCA· 2017-05-24 ·cited 10×
  A former wife sought to enforce an alimony judgment against her ex-husband by obtaining proceedings supplementary, challenging the circuit court's conclusion that homestead property and insurance policies are absolutely exempt from contempt enforcement. The appellate court held t
• Nat'l Auto Serv. Ctrs., Inc. v. F/R 550, LLC
  192 So. 3d 498· Fla. 2d DCA· 2016-03-30 ·cited 10×
  This case interprets Florida's Uniform Fraudulent Transfer Act (FUFTA) concerning the timeliness of claims to void fraudulent transfers. The court held that the one-year discovery savings clause in section 726.110(1) is triggered by discovery of the transfer itself, not discovery
• Barrett v. Int'l Underwriters, Inc.
  346 F.2d 345· 7th Cir.· 1965-04-28 ·cited 10×
  The court held that the federal district court's declaration of execution liens did not invade the state court's jurisdiction, as the federal court's jurisdiction was properly invoked and it did not interfere with the state court's constructive possession of the property.
• Perrone v. Frank
  80 So. 3d 402· Fla. 4th DCA· 2012-02-08 ·cited 9×
  The court held that the magistrate's findings were not supported by competent, substantial evidence, and thus the trial court abused its discretion in adopting the report and entering judgment.
• Sherman v. State
  135 Fla. 243· Fla.· 1938-12-01 ·cited 9×
  John Sherman was convicted of perjury for giving false testimony in a supplemental execution proceeding. The Florida Supreme Court upheld the conviction, holding that Sherman's false testimony was not voluntarily corrected when he later admitted to it only after the truth had bec
• Arellano v. Lisette Arellano Bisson and Lower Randolph J. Bisson
  847 So. 2d 998· Fla. 3d DCA· 2003-04-02 ·cited 8×
  Jorge and Ana Laura Arellano, who obtained a judgment for attorney's fees against the appellees, sought to use supplementary execution proceedings to reach trust income that might become due to the appellees from a spendthrift trust. The court affirmed the trial court's denial, h
• Varveris v. Alberto M. Carbonell, P.A.
  773 So. 2d 1275· Fla. 3d DCA· 2000-12-27 ·cited 8×
  Marie Varveris appeals a judgment ordering sale of her property in proceedings supplementary to execution. The Third District Court of Appeal reverses because Marie was not properly served or impleaded as a defendant, violating her due process rights to a full and fair hearing.
• Bennett v. Bogue
  88 Fla. 109· Fla.· 1924-06-25 ·cited 8×
  This case concerns whether a creditor can use an injunction to prevent a debtor from claiming certain stock as exempt from a forced sale. The court affirmed the denial of a motion to dissolve the injunction, finding that equity courts have jurisdiction over such matters.
• Rosenberg v. U.S. Bank, N.A.
  360 So. 3d 795· Fla. 3d DCA· 2023-05-03 ·cited 7×
  The fraudulent transfer remedy in Florida Statute section 56.29(3) is a distinct remedy from the Uniform Fraudulent Transfer Act, extends for the life of the judgment, permits entry of a money judgment as a remedy, and reaches both choses in action (including judgments) and funds
• MCI Telecomms. Corp. v. O'Brien Mktg., Inc.
  1995 U.S. Dist. LEXIS 20026· S.D. Fla.· 1995-09-05 ·cited 6×
  Taleigh Corporation is liable as the alter ego of O'Brien Marketing, Inc. for the judgments against O'Brien, because federal common law allows piercing the corporate veil when a corporation is used to defeat federal policy or commit fraud.
• John E. O'Keefe in Bankr. of Lanson Wood Prods. Corp. v. Landow
  289 F.2d 465· 2d Cir.· 1961-05-04 ·cited 6×
  An attorney's lien attaches only to funds to which the client is entitled; if the client recovers nothing, the attorney has no lien on funds held in escrow for the client's benefit.
• In re AMENDMENTS TO FLA. RULE OF CIVIL PROCEDURE 1.570 & FORM 1.914.
  244 So. 3d 1009· Fla.· 2018-05-31 ·cited 4×
  The Florida Supreme Court adopted amendments to Florida Rule of Civil Procedure 1.570 and related forms to implement 2016 statutory amendments governing proceedings supplementary to execution of judgments. The Court modified the Committee's proposed language to clarify undefined
• B & I Contractors, Inc. v. MEL RE Constr. Mgmt.
  66 So. 3d 1035· Fla. 2d DCA· 2011-08-03 ·cited 4×
  B & I Contractors appeals a trial court order denying its motion for proceedings supplementary to execute a judgment against Mel Re Construction Management. The court holds that B & I's motion was facially sufficient and that the trial court erred in refusing to conduct proceedin
• NTS Fort Lauderdale Off. Joint Venture v. Serchay
  710 So. 2d 1027· Fla. 4th DCA· 1998-05-27 ·cited 4×
  The appellate court affirmed the judgment against A. Serchay Accounting Services, P.A. for lease obligations but reversed the judgment against Coven & Lane, P.A., finding insufficient evidence to hold it liable as a successor entity.
• Real Est. Corp. OF Fla., N.V. v. Dawn Developers, Inc.
  644 So. 2d 145· Fla. 5th DCA· 1994-10-21 ·cited 4×
  Real Estate Corporation of Florida (REC) appealed a trial court's order striking its renewed motion to implead third parties in supplementary proceedings, arguing the original denial of impleader was interlocutory and nonappealable. The Fifth District Court of Appeal held that or
• Sullivan v. Rosario A. Musella, M.D.
  564 So. 2d 150· Fla. 2d DCA· 1990-06-13 ·cited 4×
  Mary Rose Sullivan appealed a trial court order granting proceedings supplementary to enforce a cost judgment against her in favor of Dr. Musella. The court affirmed, holding that while an affidavit supporting the motion for proceedings supplementary is a condition precedent, its
• Ruddy v. Ashton
  554 So. 2d 557· Fla. 5th DCA· 1989-12-07 ·cited 4×
  The court held that a judgment creditor must establish a prima facie case by sworn testimony before impleading a third party in supplementary proceedings.
• Moshe Tubero v. Ellis
  469 So. 2d 206· Fla. 4th DCA· 1985-05-22 ·cited 4×
• Vazquez v. Gregorio Santisteban and Aida Santisteban
  334 So. 2d 97· Fla. 3d DCA· 1976-05-25 ·cited 4×
  The court reversed an order subjecting real property to a judgment against Jorge Baro, holding that transfers creating an estate by the entireties between Baro and his wife were valid and made before fraudulent intent could attach, and therefore a subsequent transfer to the appel
• Brownstone, Inc. v. Miami Nat'l Bank
  165 So. 2d 262· Fla. 3d DCA· 1964-06-16 ·cited 4×
  A judge of the civil court of record has the authority to implead third parties in supplementary proceedings to execution, and a late request for a jury trial in such proceedings can be denied.
• Rottenberg v. United States
  142 F.2d 151· 2d Cir.· 1944-03-24 ·cited 4×
  A federal court lacks jurisdiction to extend a receivership to a state court judgment under Rule 69(a) if the underlying state supplementary proceeding is deemed closed by statute or by the parties' actions.