Supplemental Proceedings

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

• State v. Nassau P'rs, Ltd.
  878 So. 2d 1286· Fla. 1st DCA· 2004-08-10 ·cited 57×
  The court held that attorney fees incurred in litigating entitlement to costs are authorized in supplemental proceedings, but the lower court erred by failing to make specific findings justifying expert witness fee awards as required by statute.
• Taylor v. Sterrett
  640 F.2d 663· 5th Cir.· 1981-03-25 ·cited 51×
  The court held that attorney's fees under 42 U.S.C. § 1988 could only be awarded for work on supplemental enforcement proceedings pending on the effective date of the statute, not for the initial case if fees had been denied. It affirmed the denial of fees for two organizations d
• Guinta v. RE
  159 Fla. 448· Fla.· 1947-08-01 ·cited 45×
  The Florida Supreme Court held that a divorced mother may enforce a divorce decree requiring child support payments against the deceased father's estate for amounts that matured before his death, but not for amounts that would have accrued after his death. The Court treated the e
• Abbott Sekaquaptewa v. MacDONALD
  544 F.2d 396· 9th Cir.· 1976-09-27 ·cited 34×
  The Ninth Circuit affirmed the District Court's orders, holding that the 1974 Act did not divest the District Court of jurisdiction to enforce its prior orders regarding livestock reduction and construction, and that the Navajo Tribe and its Chairman were in contempt for failing
• Lyla Madolin Sikes v. Sikes
  286 So. 2d 210· Fla. 1st DCA· 1973-12-11 ·cited 26×
  The court held that a petition to modify child support is a supplemental proceeding, and reasonable notice by mail is sufficient, even if filed in a different county than the original judgment.
• Ferre v. City Nat'l Bank OF Miami
  548 So. 2d 701· Fla. 3d DCA· 1989-07-25 ·cited 17×
  The Ferres appeal a judgment finding fraudulent conveyances of $1,451,973.40 transferred from Maurice Ferre to his wife Mercedes between 1978 and 1988 in supplemental proceedings to enforce a creditor judgment. The appellate court affirmed, holding that fraudulent transfer action
• 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
• Est. of Jackson v. Ventas Realty
  812 F. Supp. 2d 1306· M.D. Fla.· 2011-09-12 ·cited 14×
  A Florida statutory supplemental proceeding under Section 56.29 to enforce a state court judgment is not a "civil action" removable to federal court because it is an ancillary continuation of the original state court action and federal courts lack original jurisdiction over such
• Crawford v. United States Fid. & Guar. Co.
  139 So. 2d 500· Fla. 1st DCA· 1962-04-03 ·cited 13×
  Crawford appeals an order in supplementary proceedings that subjected funds owed to him and his wife by their corporation to levy by Crawford's judgment creditor. The court reversed, holding that funds derived from the sale, mortgage, and rental of property held as tenancy by the
• Amoco OIL Co. v. State
  765 So. 2d 111· Fla. 1st DCA· 2000-06-06 ·cited 10×
  Amoco Oil Company appeals a trial court's order denying its motion for supplemental attorney's fees incurred during a post-judgment costs hearing in an eminent domain proceeding brought by FDOT. The court affirmed the denial of supplemental fees because the parties' Stipulated Fi
• Gilbert v. Gilbert
  472 So. 2d 1317· Fla. 2d DCA· 1985-07-17 ·cited 10×
  A husband appealed a trial court's dismissal of his petition to modify child support and motion to enforce visitation rights in a post-dissolution proceeding. The appellate court reversed, holding that no new process was required for the modification petition under Florida Rule o
• Nat'l Labor Relations Bd. v. Royal Palm Ice Co.
  201 F.2d 667· 5th Cir.· 1953-01-29 ·cited 10×
  The court denied the Board's motion to vacate the denial of supplemental proceedings and also denied the respondent's motion to remand for further testimony.
• Rodd v. Region Constr. Co.
  783 F.2d 89· 7th Cir.· 1986-02-06 ·cited 9×
  The court held that a citation-respondent in a supplemental proceeding under ERISA is not a defendant subject to nationwide service of process, and thus a judgment entered against it without proper jurisdiction is void.
• Leasco Response, Inc. v. Wright
  99 F.3d 381· 11th Cir.· 1996-11-12 ·cited 8×
  A federal district court in Florida sought certification to the Florida Supreme Court regarding the appropriate statute of limitations for enforcing a federal district court judgment within that same court, where the defendant argued the five-year limitation applied under Florida
• Harlan Street and Leo Greenfield v. Sugerman
  177 So. 2d 526· Fla. 3d DCA· 1965-08-10 ·cited 8×
  The court reversed an injunction issued by a trial court in a common law action that restrained judgment debtors (who were stockholders in a corporation) from transferring or withdrawing corporate assets. The court held that a trial court lacks jurisdiction to issue such an injun
• Carter v. Carter
  164 So. 2d 219· Fla. 1st DCA· 1964-05-21 ·cited 8×
  W. R. Carter appeals from a post-decree order requiring him to post security for alimony payments to his ex-wife Mary Alice Carter. The trial court found jurisdiction over the supplemental alimony enforcement proceeding and properly directed that funds be held to secure future al
• Moore v. Viva Mabel Moore
  113 So. 2d 878· Fla. 2d DCA· 1959-08-07 ·cited 8×
  George Moore appealed the chancellor's denial of his petition to reduce alimony and the court's grant of lump sum alimony to his ex-wife Viva Moore in supplemental proceedings. The Florida District Court of Appeal held that the trial court had authority to modify the original per
• Zebulon Teeter, Jr. v. Dep't OF Transp.
  713 So. 2d 1090· Fla. 5th DCA· 1998-07-17 ·cited 6×
  In consolidated eminent domain appeals, property owners challenged attorney's fee awards, arguing they were entitled to fees under both subsections of Florida's eminent domain attorney's fees statute. The court affirmed the trial court's decision to award fees based solely on mon
• Arrington v. Brown
  116 So. 2d 461· Fla. 3d DCA· 1959-12-10 ·cited 6×
  Catherine Arrington appeals the vacation of a child support arrearage judgment against her ex-husband B. Howard Brown. The trial court vacated the judgment claiming lack of jurisdiction based on alleged defective notice, but the appellate court reversed, finding that supplemental
• Sirmons v. Arnold Lumber Co.
  167 So. 2d 588· Fla. 2d DCA· 1964-05-27 ·cited 5×
  B. H. Sirmons appealed a judgment holding him personally liable for his corporation's debt to Arnold Lumber Company through supplemental proceedings. The Florida appellate court reversed, holding that the corporate veil cannot be pierced merely because one person owns most of the
• Orlando/Orange Cnty. Expressway Auth. v. Tuscan Ridge, LLC
  84 So. 3d 410· Fla. 5th DCA· 2012-03-30 ·cited 4×
  OOCEA appeals an award of $816,000 in attorney's fees to landowners in an eminent domain proceeding. The court reverses, holding that the trial court erred in refusing to limit fees to those calculated under the "benefits achieved" formula in section 73.092(1), Florida Statutes,
• Duranceau v. Wallace
  743 F.2d 709· 9th Cir.· 1984-09-25 ·cited 4×
  The court held that Washington's child support garnishment procedures, as applied, satisfy due process requirements, and the notice provided to the debtor was adequate.
• United States v. Blackett
  220 F.2d 21· 9th Cir.· 1955-03-09 ·cited 4×
  A federal tax lien attaches to the proceeds from the sale of a liquor license, even if the license itself is not considered property, because the proceeds represent a right to property belonging to the taxpayer.
• Green v. Verta Elaine Green
  130 So. 2d 293· Fla. 3d DCA· 1961-05-25 ·cited 3×
  The Florida District Court of Appeal reversed a trial court's dismissal of a husband's petition to modify an alimony decree. The court held that a petition to modify alimony under Florida statute § 65.15 may be filed as a separate proceeding rather than only within the original d
• Tayte Holley v. Debra Erwin - Jenkins
  369 So. 3d 1218· Fla. 2d DCA· 2023-08-23 ·cited 2×
  The appellate court reversed an involuntary dismissal of a child support arrearage claim, finding the mother presented sufficient evidence and the estate failed to prove laches. The case was remanded for calculation of the unpaid support.
• Jillene Kay Wiele v. Kadzis
  915 So. 2d 777· Fla. 1st DCA· 2005-12-14 ·cited 2×
• Enterprising Prof'l Inv. Corp. v. Dep't OF Transp.
  882 So. 2d 1014· Fla. 2d DCA· 2004-03-05 ·cited 2×
  In this eminent domain appeal, the court held that post-judgment proceedings to recover expert witness fees constitute supplemental proceedings under Florida law, entitling the landowner to recover attorney's fees incurred in those proceedings. The court reversed the trial court'
• First Research Corp. v. Nat'l Indus. Bank OF Miami
  272 So. 2d 822· Fla. 3d DCA· 1973-02-12 ·cited 1×
  The court affirmed that property conveyed as an undivided one-half interest to a spouse creates a tenancy in common with survivorship rights, not an estate by the entireties, and the property is subject to levy against the debtor-spouse.
• Sabal Trail Transmission, LLC v. 3.921 Acres of Land in Lake Cnty. Fla.
  M.D. Fla.· 2024-08-07
  Under Florida Statute § 73.131, a prevailing defendant in an eminent domain appeal is entitled to recover reasonable appellate attorney's fees, determined using the lodestar method (hours reasonably expended multiplied by reasonable hourly rates), with adjustments permitted based
• Sabal Trail Transmission LLC v. 18.27 Acres of Land in Levy Cnty.
  N.D. Fla.· 2021-05-11
  The federal district court in Florida held that state substantive law governs the measure of compensation in eminent domain cases brought by private parties under the Natural Gas Act, and therefore Florida law applies to determine what costs and attorney's fees a property owner m
• State v. Lockhart
  909 So. 2d 590· Fla. 5th DCA· 2005-09-02
  Florida's Department of Transportation appealed a trial court's award of attorney's fees to property owners in an eminent domain proceeding for costs incurred in litigating the amount of expert witness fees owed by the State. The court affirmed, holding that post-judgment cost pr
• Industrion, Inc. v. Hialeah Indus., Inc.
  593 So. 2d 596· Fla. 3d DCA· 1992-02-11
  The court held that the trial court did not abuse its discretion in approving the settlement agreement.
• Verone Marin Fehlhaber v. Fehlhaber
  502 So. 2d 33· Fla. 3d DCA· 1987-01-20
  A former spouse who obtained a California judgment against a deceased former husband sought to pursue fraudulent transfer claims against assets placed in a revocable trust and transferred to his subsequent wife. The court affirmed dismissal, holding that by accepting a money judg
• Mott v. Groves
  428 F.2d 1208· 9th Cir.· 1970-06-24
  The court held that an oral order, supported by a minute entry and of which the bankrupt had notice, is not subject to collateral attack in a separate bankruptcy proceeding, even if it might be a defense in a contempt proceeding.
• Greear v. Greear
  303 F.2d 893· 9th Cir.· 1962-05-31
  Under Nevada law, community property consisting of a husband's earnings is subject to his contractual obligation to support his former wife and children, despite the statute exempting spouses from each other's pre-marital debts.