CopyCited 47 times | Published | United States Bankruptcy Court, N.D. Florida | 21 Collier Bankr. Cas. 2d 277, 1989 Bankr. LEXIS 1006, 1989 WL 67495
...The essential facts are relatively simple and clear. In March of 1987, movant, Professional, obtained a final judgment against the debtors in the amount of $459,721.53. In its efforts to collect on the judgment, Professional instituted proceedings supplementary pursuant to § 56.29 Fla. Stat. against four other entities or individuals to whom the debtor had allegedly transferred certain assets for the purpose of hindering, delaying, or defrauding creditors. The specific provision followed by Professional is set forth at § 56.29(6)(b) Fla....
...The discussion here would be the same as to either type of proceeding, with one minor distinction found in section 362 which is pointed out in the text. Therefore, any reference herein to fraudulent transfer actions includes proceedings supplementary under section 56.29(6)(b), Fla....
CopyCited 30 times | Published | Florida 4th District Court of Appeal | 1994 WL 457141
...[1] POST-JUDGMENT PROCEEDINGS In the second part of this appeal, we must decide the propriety of the trial court's summary judgment order against Pulmonary Associates, which held Pulmonary Associates liable for the judgment against Munim, P.A. Dr. Azar implied Pulmonary Associates in proceedings supplementary, pursuant to section 56.29, Florida Statutes (1993), after learning through discovery in aid of execution that twelve days after the entry of the final judgment against Munim, P.A., Dr....
...Azar claimed was "gutted." The legal theories advanced for imposing liability on Pulmonary Associates were based on intertwined but distinct concepts: fraudulent transfer of assets, de facto merger and/or mere continuation of business. Pursuant to section 56.29, judgment creditors have a "useful, efficacious and salutary remedy" to subject assets to "a speedy and direct proceeding in the same court in which the judgment was recovered." Regent Bank v....
...AGFA-GEVAERT, Inc.,
688 F. Supp. 1516, 1517 (S.D.Fla. 1988), aff'd,
900 F.2d 264 (11th Cir.1990). Proceedings supplementary are equitable in nature and should be liberally construed. Ferguson v. State Exchange Bank,
264 So.2d 867 (Fla. 1st DCA 1972). Under section
56.29(5) a court may fashion an appropriate equitable remedy to afford a judgment creditor as complete relief as possible including finding a new corporation liable for a judgment against its predecessor corporation when the new corporation is merely the alter ego of the predecessor corporation....
...assets at a fair evaluation, section
726.103(1), Florida Statutes (1993), or a debtor is presumed insolvent if generally not paying his debts as they become due, id. at section
726.103(2). As a creditor, Dr. Azar utilized the procedure set forth in section
56.29, Florida Statutes (1993) to implead Pulmonary Associates. Pursuant to section
56.29(6), the burden is on the transferee to prove the transfer was not fraudulent. Treated Timber Products, Inc. v. S & A Assoc.,
488 So.2d 159 (Fla. 1st DCA 1986). Section
56.29(6) is applicable to post-final judgment transfers....
CopyCited 25 times | Published | Florida 5th District Court of Appeal
...Harris of Crofton, Holland, Starling, Harris & Severs, P.A., Titusville, for appellee. DIAMANTIS, GEORGE N., Associate Judge. Appellant, Theodore L. Wieczoreck, has filed an appeal from a final judgment dated January 19, 1983, entered in supplementary proceedings under section 56.29, Florida Statutes (1981), which found that he should be impleaded as a third party, and that the conveyance of certain real property to him *869 was null and void since it constituted a fraudulent conveyance for the purpose of delaying, hindering or defrauding the creditors of Nelson L....
...Appellant initially maintains that he was denied procedural due process of law because he was not fully impleaded as a third party until the final judgment which simultaneously divested him of any and all interest in the real property deeded to him by Nelson L. Davis and Joan E. Davis, his former wife. Although section
56.29, Florida Statutes (1981), does not prescribe the procedure for impleading third party defendants, the case law of this State establishes the proper procedure. Robert B. Ehmann, Inc. v. Bergh,
363 So.2d 613 at 615 (Fla. 1st DCA 1978). Under the decisional law interpreting section
56.29, there are two jurisdictional prerequisites for supplementary postjudgment proceedings: (1) a returned and unsatisfied writ of execution; and (2) an affidavit averring that the writ is valid and unsatisfied, along with a list of third persons to be impleaded....
CopyCited 24 times | Published | Florida 4th District Court of Appeal | 2001 WL 883234
...recovery of real property can only be commenced as follows: . . . . (2)WITHIN SEVEN YEARS.An action upon a judgment or decree of any court of the United States, or of any state or territory within the United States, or of any foreign country. [4] Section 56.29, Florida Statutes (2000), is the current version of the proceedings supplementary statute....
CopyCited 21 times | Published | Florida 3rd District Court of Appeal | 2008 WL 2037775
...No notice of the dissolution was given to Mejia. Mejia thereafter filed an affidavit of nonpayment, and the clerk issued a writ of execution. Mejia also served a request for production in aid of execution upon Carmel and commenced proceedings supplementary pursuant to section 56.29, Florida Statutes (2003). At depositions in aid of execution, Mejia learned that Carmel had no liability insurance and had no coverage for her claim. She also learned for the first time of the sale and liquidation of Carmel. The section 56.29 proceeding was presented to the court by uncontested submission of deposition transcripts....
...meet her burden of proof. The parties agree that our standard of review is de novo. Proceedings supplementary are equitable in nature and should be liberally construed. See Ferguson v. State Exch. Bank,
264 So.2d 867 (Fla. 1st DCA 1972). Pursuant to section
56.29, judgment creditors have a "useful, efficacious and salutary remedy ... to subject [assets to] ... a speedy and direct proceeding in the same court in which the judgment was recovered." Regent Bank v. Woodcox,
636 So.2d 885, 886 (Fla. 4th DCA 1994). Under the decisional law interpreting section
56.29, there are two jurisdictional prerequisites for proceedings supplementary: (1) a returned and unsatisfied writ of execution; and (2) an affidavit averring that the writ is valid and unsatisfied, along with a list of third persons to be impleaded....
...The trial court did not elucidate its finding that the plaintiff failed to meet her burden of proof, but we cannot agree with this conclusion. First, we have serious reservations that Mejia had the burden of proof. Second, even if she did, we must conclude that she amply satisfied her burden. Section 56.29(6)(b) states that any transfer, assignment or other conveyance of personal property made or contrived by defendant to delay, hinder or defraud creditors shall be void....
...Mejia. After receipt of this evidence, the burden shifted to appellees to show the transfer was made without intent to "delay, hinder or defraud creditors." Treated Timber Prods., Inc. v. S & A Assocs., Inc.,
488 So.2d 159, 160 (Fla. 1st DCA 1986); §
56.29(6)(a) ("[T]he defendant has the burden of proof to establish that such transfer or gift from him or her was not made to delay, hinder, or defraud creditors.")....
CopyCited 20 times | Published | Court of Appeals for the Eleventh Circuit | 2013 WL 4463006, 2013 U.S. App. LEXIS 17580
...Friedman, United States District Judge for the District of Columbia, sitting
by designation.
Case: 11-14379 Date Filed: 08/22/2013 Page: 2 of 32
At issue today are two basic questions: whether this cause of action -- a
supplementary proceeding under Florida Statutes section 56.29(6) -- is an
independent “civil action” removable to federal district court under 28 U.S.C....
...The appellee, the Estate of Juanita Amelia Jackson, could not collect on a
judgment because assets were allegedly fraudulently transferred to General Electric
Capital Corporation (“GE”) and Rubin Schron. It therefore initiated a
supplementary proceeding in a Florida state court under Florida Statutes section
56.29(6), which allows a court to void any transfer of personal property that is
made by a judgment debtor to “delay, hinder or defraud.” GE timely removed the
supplementary proceeding to federal district court, and the appellee moved...
...In December 2010, the Estate commenced, again in Florida’s Tenth Judicial
Circuit Court, the action now pending on appeal, which we’ll call the “first
supplementary proceeding.” The Estate brought this supplementary proceeding
under Florida Statutes section 56.29, which allows a plaintiff with an unsatisfied
4
Case: 11-14379 Date Filed: 08/22/2013 Page: 5 of 32
judgment to open “proceedings supplementary to execution.” Fla. Stat. § 56.29(1).
In this proceeding, the Estate moved the court to add General Electric Capital
Corporation (“GE”) and Rubin Schron (“Schron”) as new defendants to the
underlying tort action and to enter final judgment against them for $110 mi...
...Aetna (In re Managed Care Litig.),
605 F.3d 1146, 1150 (11th Cir.
2010) (per curiam).
According to the Estate, the district court properly remanded the first
supplementary proceeding for two independent reasons: both because
supplementary proceedings under Florida Statutes section
56.29(6) are ancillary
and therefore may not be removed to federal district court; and because even if
section
56.29(6) supplementary proceedings are removable, the district court
properly abstained under Colorado River.
Federal courts are courts of limited jurisdiction, and therefore “we are
obliged to ‘scrupulously confine [our] own jur...
...district court.” Romero v. Drummond Co.,
552 F.3d 1303, 1314 (11th Cir. 2008).
9
Case: 11-14379 Date Filed: 08/22/2013 Page: 10 of 32
Consequently, we begin with whether this section
56.29(6) proceeding is
removable.
A.
Under 28 U.S.C....
...See
Travelers Prop.,
689 F.3d at 724 (“[W]here the supplemental proceeding is not
merely a mode of execution or relief, but where it, in fact, involves an independent
controversy with some new and different party, it may be removed into the federal
court.” (internal quotation marks omitted)).
The structure of section
56.29(6) of Florida’s Civil Practice and Procedure
statutes and the Florida state courts’ interpretation of this statute further support
12
Case: 11-14379 Date Filed: 08/22/2013 Page: 13 of 32
our determination. Far from simply being a means to execute a judgment, section
56.29(6) supplementary proceedings afford judgment creditors independent
substantive claims. The statute also affords parties stout procedural guarantees not
generally found in ancillary proceedings. Section
56.29 provides a robust, diverse
tool to a party, like the Estate, with an unsatisfied judgment. There may be many
reasons why a judgment goes unsatisfied: the losing defendant might refuse to pay
out of spite; the party may stash his wealth in a bank to avoid payment; or the party
may transfer his money to a family member. Section
56.29 allows a judgment
creditor -- that is, a plaintiff with an unsatisfied judgment, like the Estate -- to
collect on a judgment in these situations. Under section
56.29, a judgment creditor
may initiate a supplementary proceeding in the very court in which the judgment
creditor obtained the unsatisfied judgment....
...The judgment creditor is required to
file an affidavit stating that he has an unsatisfied judgment, identifying the court
that issued the judgment and the unsatisfied amount of the judgment, and
indicating that execution on the judgment is valid and outstanding. Fla. Stat. §
56.29(1).
Once the supplementary proceeding is underway, a judgment creditor has
several options....
...t creditor may
request that the trial court require the judgment debtor to appear in court for an
13
Case: 11-14379 Date Filed: 08/22/2013 Page: 14 of 32
examination. Id. § 56.29(2); see also Jim Appley’s Tru-Arc, Inc....
...1988) (“A
judgment creditor should be allowed broad discovery into the debtor’s finances . . .
.”). The judgment debtor would then testify as to “all matters and things pertaining
to the business and financial interests” of the judgment debtor. Fla. Stat. §
56.29(4)....
...o testify about their
financial interests. Or the judgment creditor could use the supplementary
proceedings to recover the judgment debtor’s assets in the hands of another person,
so long as the property is not exempt from execution. Fla. Stat. § 56.29(5)....
...defendants’ money from the bank. See id. (“The judge may order any property of
the judgment debtor, not exempt from execution, in the hands of any person or due
to the judgment debtor to be applied toward the satisfaction of the judgment
debt.”).
Lastly, section 56.29(6) gives judgment creditors detailed means by which to
void fraudulent transfers from a judgment debtor to another party. 6 Under 56.29(6),
6
In full, section 56.29(6) provides:
14
Case: 11-14379 Date Filed: 08/22/2013 Page: 15 of 32
when a judgment debtor gifts, transfers, assigns, or somehow conveys personal
property to another person in order to delay, hinder, or defraud the judgment
creditor, a court shall void the transfer in a supplementary proceeding. Id. §
56.29(6)(b)....
...And when the transfer is made by the judgment debtor to an insider --
like the judgment debtor’s spouse or relative -- within a year of being served with
process, it is the judgment debtor’s burden to establish a lack of intent to delay,
hinder, or defraud the judgment creditor. Id. §
56.29(6)(a); see also Treated Timber
Prods., Inc. v. S & A Assocs.,
488 So. 2d 159, 160 (Fla. 1st Dist. Ct. App. 1986).
That said, section
56.29(6) “does not authorize seizure of property exempted from
levy . . . or property which has passed to a bona fide purchaser for value and
without notice.” Fla. Stat. §
56.29(6)(b).
(a) When, within 1 year before the service of process on him or
her, defendant has had title to, or paid the purchase price of, any
personal property to which the defendant’s...
...This does not
authorize seizure of property exempted from levy and sale under
execution or property which has passed to a bona fide purchaser
for value and without notice. Any person aggrieved by the levy
may proceed under §§
56.16-56.20.
Id. §
56.29(6).
15
Case: 11-14379 Date Filed: 08/22/2013 Page: 16 of 32
In the first supplementary proceeding the Estate traveled under section
56.29(6): the Estate alleged that the Trans Health defendants gifted, transferred,
assigned, or otherwise conveyed their assets to GE and Schron precisely in order to
delay, hinder, or defraud the Estate as judgment creditor....
...The Estate’s cause of
action added new parties to the lawsuit, squarely raised new questions of intent to
defraud creditors, and introduced new issues about bona fide purchases. These
additional issues are wholly unrelated to the underlying tort action and make
section 56.29(6) sharply different from an ancillary action to enforce an existing
judgment.
Since section 56.29(6) requires an intent to delay, hinder, or defraud
creditors, a proceeding under that section involves an issue of substantive law that
is independent of the underlying action....
...In fact, Florida’s courts have
acknowledged this, using their interpretation of Florida’s Uniform Fraudulent
Transfer Act, Fla. Stat. §§
726.101-.201, commonly known as UFTA, to give
meaning to and interpret the “delay, hinder or defraud” language found in section
56.29(6)....
...In the actual case -- the first supplementary
proceeding -- the proofs are identical. We can see no reason to conclude that a
lawsuit brought under Florida’s Uniform Fraudulent Transfer Act is a “civil
action” but that essentially the same lawsuit, wrapped in the procedures of section
56.29(6), is not.
What’s more, Florida’s courts have provided substantial procedural
safeguards in section 56.29(6) supplementary proceedings that also suggest the
proceedings are not merely ancillary. When a third party, like GE, is brought into a
section 56.29(6) supplementary proceeding, the third party has an opportunity to
18
Case: 11-14379 Date Filed: 08/22/2013 Page: 19 of 32
raise defenses and protect its interests in a manner wholly consonant with genuine
due process....
...to the disputed property “could
only be properly asserted and adjudicated against him in a statutory claim
proceeding.” State ex rel. Phoenix Tax Title Corp. v. Viney,
163 So. 57, 60 (Fla.
1935) (emphasis added). Florida’s recognition that section
56.29(6) supplementary
proceedings against third parties may require a jury trial also undermines the
Estate’s claim that these are merely ancillary proceedings.
Nevertheless, the Estate disputes GE’s and Schron’s right to a jury trial in a
supplementary proceeding....
...State Exch. Bank,
264 So. 2d 867, 867-68 (Fla. 1st Dist. Ct.
App. 1972) (per curiam). But the supplementary proceeding does not end there.
After the expedited proceeding, the court may order the sheriff to seize the third
party’s property, Fla. Stat. §
56.29(6)(b), and the court’s order would trigger
procedural safeguards -- codified at sections
56.16 through
56.20 -- for the third
party....
...furnishing “a bond with surety” to the sheriff. Id. §
56.16. By filing the affidavit
and bond, the third party guarantees its right to a jury trial “to try the right of
property.” Id. §
56.18. Contrary to the Estate’s assertion, under section
56.29(6) a
third party may seek a jury trial in a supplementary proceeding....
...See Dezen v.
Slatcoff,
66 So. 2d 483, 485 (Fla. 1953) (upholding court’s denial of jury trial in
proceeding supplementary but recognizing that third party could request jury trial
upon filing of bond).
Quite simply, Florida’s courts have treated a section
56.29(6) supplementary
proceeding as a substantive, independent action....
...existence of new liability.” Butler,
592 F.2d at 1296 (emphases added). We are not
alone in this determination. See, e.g., Swanson v. Liberty Nat’l Ins. Co., 353 F.2d
supplementary proceedings as ancillary actions are not describing supplementary proceedings
brought under section
56.29(6)....
...2006) (noting that appellant on proceeding supplementary
was judgment debtor); Luskin v. Luskin,
616 So. 2d 559, 559-60 (Fla. 4th Dist. Ct. App. 1993)
(same). The opinions the Estate relies on are inapposite, and they do not hold that supplementary
proceedings under section
56.29(6) are always ancillary actions. In fact, Florida state courts have
recognized that supplementary proceedings under subsection
56.29(6)(b) are different from
supplementary proceedings under other subsections of the statute....
...§ 1441); Randolph v. Emp’rs Mut. Liab. Ins. Co.,
260 F.2d
461, 464-65 (8th Cir. 1958) (same); Stoll v. Hawkeye Cas. Co.,
185 F.2d 96, 99
(8th Cir. 1951) (same).
In a number of ways, garnishment actions and supplementary proceedings
under section
56.29(6) are similar. Both supplementary proceedings and
garnishment actions seek to collect on unsatisfied judgments. Compare Fla. Stat. §
56.29(6)(b) (allowing judgment creditor to void transfer of assets by judgment
debtor), with id....
CopyCited 19 times | Published | Court of Appeals for the Eleventh Circuit | 47 Fed. R. Serv. 670, 1997 U.S. App. LEXIS 22374, 1997 WL 447351
...subsequent to September 30,1992, the date of the magistrate judge’s memorandum opinion and order. On July 8, 1993, Yale filed an emergency motion with the magistrate judge, seeking to commence additional proceedings pursuant to Fed.R.Civ.P. 69, and Florida Statute 56.29, in aid of execution of the amended judgment....
...of GTI, and therefore liable for GTI’s debts; and, the transfer at issue is void because it violated Florida’s bulk sales laws. 28 In deciding whether Power Depot was the recipient of fraudulent transfers, the magistrate judge applied Fla. Stat. §
56.29 (6)(a), which governs supplementary proceedings. Section
56.29(6)(a) provides that a judgment creditor, in this case Yale, may reach any property to which the judgment debtor, GTI, transferred title within one year of service of process on him if the transferee is a relative, or is a person on *1498 confidential terms with the defendant. 29 See Allied Industries International, Inc. v. AGFA-GEVAERT, Inc.,
688 F.Supp. 1516, 1520 (S.D.Fla.1988). Under §
56.29, GTI had the burden of proving that the transfer at issue was not made to delay, hinder or defraud Yale....
...esult of the transfer, and did not receive a reasonably equivalent value for the transfers; or, (2) the debt- or made the transfer to an insider, and the insider had reasonable cause to believe that the debtor was insolvent. Id. Applying Fla. Stats. §
56.29(6)(a), §
726.105 and §
726.106, the magistrate judge concluded that Power Depot had not been the recipient of a fraudulent transfer....
...69, state law concerning supplementary proceedings to enforce a judgment will govern to the extent that it is not preempted by federal law. See Allied Indus. Int'l, Inc. v. AGFA-GEVAERT, Inc.,
688 F.Supp. 1516, 1517 (S.D.Fla.1988), aff'd,
900 F.2d 264 (11th Cir.1990) (Table). Florida Statute
56.29 sets forth the procedures for impleading supplemental defendants. “Under decisional law interpreting section
56.29, the two jurisdictional prerequisites for supplementary proceedings are (1) an unsatisfied writ of execution, and (2) an affidavit averring that the writ is valid and unsatisfied along with a list of persons to be impleaded.” Id....
...Jacobs,
790 F.2d 442 (5th Cir.1986) (consent of latecomers required for the magistrate judge to have jurisdiction); New York Chinese TV Programs v. U.E. Enterprises,
996 F.2d 21 (2d Cir.1993). . The magistrate judge found the above transfers to be fraudulent under one or more of the following Florida statutes: Fla. Stat. §
56.29 (a), Fla....
...eza, Sr. liable for $1,139,528. . Because of our disposition of the fraudulent transfer issue, we need not address Yale’s alternative arguments that Power Depot was GTI's alter ego, and that Florida's bulk sales laws were violated. . Specifically, § 56.29 slates the following: ....
CopyCited 15 times | Published | Florida 4th District Court of Appeal | 2002 WL 816836
...The trial court subsequently entered the summary final judgment against the bank, concluding that Maczko had undivided possession and ownership of the funds at issue and could, thus, dispose of the assets as she saw fit. In its action against Maczko, the bank utilized supplementary proceedings under section 56.29, Florida Statutes (1999), a procedural mechanism to assist judgment creditors in recovering fraudulent transfers....
CopyCited 14 times | Published | Court of Appeals for the Eleventh Circuit | 2017 WL 4682691, 2017 U.S. App. LEXIS 20468
...raise in the adversary proceeding.
The Estates identify three types of claims that were not resolved through the
adversary proceeding and were thus improperly foreclosed by the Injunction:
proceedings supplementary under Florida Statutes § 56.29; 4 “real party in interest”
3
This included the following claims against Schron:
(1) A common-law claim for aiding and abetting breach of fiduciary duties owed to
THMI and THMI’s creditors;...
...(6) A claim to avoid certain postpetition transfers under the Bankruptcy Code.
4
This statute permits a judgment creditor to seek avoidance of any transfers “made or contrived
by the judgment debtor to delay, hinder, or defraud creditors.” Fla. Stat. § 56.29(3)(b).
17
Case: 16-16462 Date Filed: 10/19/2017 Page: 18 of 45
claims under state law; 5 and actions under 42 U.S.C....
...tate, especially in light
of the substantive consolidation of FLTCI (the named debtor) and THMI (the
Estates’ chief judgment debtor). We conclude that they could.
Consider the simple example of a state-law judgment under Florida Statutes
§ 56.29 determining that Schron was the recipient of a fraudulent transfer from
THMI and is thus liable, to the extent of that transfer, for the Estates’ wrongful-
death judgments against THMI....
CopyCited 13 times | Published | Florida 3rd District Court of Appeal | 1991 WL 104528
...ainst defendant individually). This was reduced to a judgment against Hialeah Vending for $74,572 in October, 1990. After execution on the judgment was returned unsatisfied, plaintiff initiated proceedings supplementary against defendant pursuant to section 56.29, Florida Statutes (1989)....
CopyCited 12 times | Published | Florida 5th District Court of Appeal | 2000 WL 678808
...Spilman held that the 1994 amendment to section
55.03 does not affect the legal rate of interest accruing on a final judgment entered before the effective date of the amendment. However, Acadia's argument evidences its misapprehension of the nature of the instant case. Had Case 320 been an action under section
56.29, Florida Statutes (1997), for proceedings supplementary to execution, we would agree that the 12% interest rule would control....
CopyCited 11 times | Published | District Court, S.D. Florida | 1995 U.S. Dist. LEXIS 20026, 1995 WL 791251
...FINDINGS OF FACT AND CONCLUSIONS OF LAW ON PROCEEDINGS SUPPLEMENTARY HIGHSMITH, District Judge. THIS CAUSE came before the Court for evidentiary hearing, held on August 10, 1995, on proceedings supplementary instituted pursuant to Fed.R.Civ.P. 69(a) and Fla.Stat. § 56.29....
...Subsequently, on April 21, 1994, the Court entered Final Judgment on Attorney's Fees and Costs in favor of MCI and against O'Brien, in the amount of $18,924.16. *1539 By order dated April 26, 1995, the Court granted MCI's motion to institute proceedings supplementary, pursuant to Fed. R.Civ.P. 69(a) and Fla.Stat. § 56.29, and required Taleigh Corporation ("Taleigh") to show cause why it should not be impleaded as a party to the proceedings supplementary, as the alter ego of O'Brien....
...held, existing at the time the remedy is sought, except that any statute of the United States governs to the extent that it is applicable." The "practice and procedure" for proceedings supplementary in the State of Florida is set forth in Fla.Stat. § 56.29, which provides, in pertinent part: (1) When any sheriff holds an unsatisfied execution, the plaintiff in execution may file an affidavit so stating and that the execution is valid and outstanding and thereupon is entitled to these proceedings supplementary to execution....
...incidental costs determined to be reasonable and just by the court including, but not limited to, docketing the execution, sheriff's service fees, and court reporter's fees. Reasonable attorney's fees maybe taxed against the defendant. Fla.Stat.Ann. § 56.29 (West 1994). The provisions of section 56.29 are "intended to afford to a judgment creditor the most complete relief possible in satisfying his judgment" without the necessity of initiating a separate action....
...Therefore, the Court's April 26, 1995 Order, granting MCI's motion to institute proceedings supplementary, and the Court's June 19, 1995 Order, impleading Taleigh as a party to the proceedings supplementary, are proper under Fed. R.Civ.P. 69(a) and Fla.Stat. § 56.29. In conducting proceedings supplementary pursuant to section 56.29, a court has the power to direct an inquiry into the corporate entity of the judgment debtor and to issue orders in accordance with its findings in that regard....
CopyCited 11 times | Published | Florida 1st District Court of Appeal | 1990 WL 48650
...Shackleton and his wife, but on September 21, 1988 Dr. Shackleton died and his wife was subsequently joined as the personal representative of his estate. Addressing the various property interests upon which appellant sought execution, the trial court denied any relief, and this appeal followed. Under section 56.29(5), Fla....
...Trailer Ranch, Inc.,
421 So.2d 751 (Fla. 4th DCA 1982). A joint tenant whose interest is by the entireties, however, does not have an interest that is subject to execution on a judgment lien. E.g., Neu v. Andrews,
528 So.2d 1278 (Fla. 4th DCA 1988). There is nothing indicating that section
56.29(5) expands on these two basic legal principles and by its own terms the statute does not permit its application to exempt property....
CopyCited 10 times | Published | Florida 1st District Court of Appeal
...CASE SUMMARY Appellants (the judgment debtor and impleaded third party defendants) take this interlocutory appeal from an order granting appellees' (judgment creditors) motion to implead the third parties as defendants in supplementary proceedings brought by the judgment creditors against the judgment debtor under Section 56.29, Florida Statutes (1975)....
...filed a motion to quash the Berghs' motion. After a non-evidentiary hearing, the trial court denied Ehmann, Inc.'s motion and granted the Berghs' motion. ISSUE Whether a trial court may grant a motion to implead third party defendants in supplementary proceedings under Section 56.29 without taking the testimony of the judgment creditor, without issuing a rule to show cause to the third party defendants and without permitting the third party defendants to file their defenses to the allegations of the show cause order. Appellants contend that Section 56.29 and the case law of our State require that all three steps be taken before a third party is properly impleaded in a supplementary proceeding....
...Appellees contend that the Florida Rules of Civil Procedure authorize a court upon motion by the judgment creditor to implead third parties. DECISION The trial court should conduct an examination of the judgment creditor or appoint a master to do this for it. Section 56.29(2), Florida Statutes....
...riting prior to further hearings. Tomayko v. Thomas,
143 So.2d 227 (Fla.3d DCA 1962), and State ex rel. Phoenix Tax Title Corp. v. Viney,
120 Fla. 657,
163 So. 57 (1935). In the case before us, the judgment creditors were not examined as required by Section
56.29(2); the trial court did not issue an order to show cause directed to the third party defendants specifying the judgment creditors' claims to property in their hands; nor were the third party defendants given an opportunity to respond in writing to the judgment creditors' claims. The third parties were denied their constitutional right to an opportunity for a full and fair hearing. The judgment creditors argue that Section
56.29 does not set forth the procedure to be followed in adding third party defendants to a supplementary proceeding. They contend, therefore, that in the absence of procedural requirements in Section
56.29 for adding third party defendants the Florida Rules of Civil Procedure govern....
...1.250(c) provides that parties may be added by motion of a party at any stage of an action on just terms. The judgment creditors conclude that the order appealed is correct because it complies with these Civil Rules. We do not agree. *615 Although Section 56.29 does not prescribe the procedure for impleading third party defendants, the case law of our State established the proper procedure many years ago and it has been followed since then....
CopyCited 10 times | Published | Florida 4th District Court of Appeal | 1994 WL 189589
...Joseph W. May of Goodman, Webber & Hinden, P.A., Pembroke Pines, for appellant. *886 No appearance by appellees. FARMER, Judge. A judgment creditor seeks review of an order denying its motion to implead a third party in proceedings supplementary under section 56.29, Florida Statutes....
...s entered final order on subject). The circuit judge denied this motion on the grounds that he lacked jurisdiction because the final judgment did not reserve jurisdiction for this purpose. We reverse. The predicate for impleading a third party under section 56.29 is that the judgment creditor file an affidavit showing that the sheriff holds an unsatisfied writ of execution on a money judgment and that the unsatisfied execution is valid and outstanding. The judgment creditor here filed such an affidavit. No other showing is necessary in order to implead the third party. Under section 56.29, "a judgment creditor may treat an attempted fraudulent transfer of property to which his debtor had legal title as a nullity and sell said property under execution as though no transfer had been made." Richard v....
...nds of a third party to its unsatisfied writ of execution was plainly in error. Moreover, because the judgment creditor made the required statutory showing, the trial court had no discretion to deny the application. Richard,
164 So. at 840 (under section
56.29 judges have the duty to implead third parties wherever it appears relief against them may be warranted). On remand the trial court shall enter an order impleading the third party under section
56.29 and conduct further proceedings consistent with due process....
CopyCited 10 times | Published | Florida 5th District Court of Appeal | 2006 WL 565907
...He asserts that Shaibani had knowledge that Zureikat kept funds as early as 1997 and, therefore, the action is barred as an untimely action for fraud or untimely action for equitable lien. §
95.11(3)(j), (k), Fla. Stat. (2004). Zureikat's argument lacks merit. Section
56.29, Florida Statutes (2004), described the procedure by which a person holding an unsatisfied execution could initiate proceedings supplementary to execution....
...Zureikat fails to distinguish between his fraudulent conduct during supplementary proceedings and the fraudulent acquisition of Shaibani's funds that led to Shaibani's initial action. We note that "[t]he court may enter any orders required to carry out the purpose of [section 56.29] to subject property or property rights of any defendant to execution." § 56.29(9), Fla....
CopyCited 10 times | Published | United States Bankruptcy Court, M.D. Florida | 1988 Bankr. LEXIS 233, 1988 WL 14147
...49 Fla.Jur.2d Section 108. However, this exception to the general rule has no application in this case because the UFTA clearly creates rights that did not exist under the prior law. [2] The Court is unpersuaded by Debtor's argument that Florida Statutes § 56.29 provides creditors the same protection as that afforded under the Bankruptcy Code....
...may be relevant evidence as to the debtor's actual intent but does not create a presumption that the debtor has made a fraudulent transfer or incurred a fraudulent obligation. [4] The Debtor also argued that a presumption of fraudulent intent exists under the UFTA by virtue of Section 56.29, Florida Statutes 1987). However, the presumption of fraudulent intent established by Section 56.29 is expressly applicable only to proceeding supplementary to the execution of judgments and would have no express application to an action commenced under the UFTA....
CopyCited 8 times | Published | District Court, M.D. Florida | 2011 U.S. Dist. LEXIS 108208, 2011 WL 4363919
...The broke and defunct nursing home owners failed to defend the lawsuit and failed to pay the Jackson estate's judgment. The Two Parties Before Judge Covington In December, 2010, the Jackson estate requested in the Polk County circuit court a supplemental proceeding under Section 56.29, Florida Statutes, to aid in the satisfaction of the outstanding judgment and the consequent execution....
...s to obtain the nursing home owners' assets that GECC and Schron allegedly possess. The Polk County circuit court granted the Jackson estate's motion to initiate a supplemental proceeding and to implead GECC and Schron. Following the prescription of Section 56.29, the state court directed GECC and Schron: to show cause ......
...mental proceeding in Polk County circuit court by impleading GECC and Schron and two weeks after Magistrate Judge Wilson recommended denial of remand, the Jackson estate moved again in Polk County circuit court to implead additional parties into the Section 56.29 supplemental proceeding....
...Twenty-eight motions await attention in the six actions, but paramount is the motion to remand for lack of subject matter jurisdiction pending in each action. See Univ. of S. Ala. v. Am. Tobacco Co.,
168 F.3d 405, 410-11 (11th Cir.1999). The Jackson estate argues that a Section
56.29 supplemental proceeding is not a "civil action" removable under 28 U.S.C. ¶ 1441(a) and argues that the Jackson estate and the fourteen parties in the second supplemental proceeding are not diverse. A Section
56.29 Supplemental Proceeding Section
56.29 empowers the Florida court that rendered a judgment to "order any property of the judgment debtor, not exempt from execution, in the hands of any person or due to the judgment debtor to be applied toward the satisfaction of the judgment debt." In other words, a Section
56.29 supplemental proceeding is a summary equitable remedy that allows a judgment creditor to follow and retrieve money that a judgment debtor passed to a third-party: [T]he purpose [of a supplemental proceeding] is to aid the holder of a va...
...3, 4 (1929) ("the purpose of [a supplemental proceeding is] to secure information that may ... be the means of satisfying an execution already secured in due course of law"); Schwartz v. Capital City First Nat. Bank,
365 So.2d 181, 183 (Fla. 1st DCA 1978) ("[Section
56.29] empower[s] the circuit court to follow through with the enforcement of its judgment, so that there [is] no necessity for an independent suit to reach property which legally should be applied to the satisfaction of the judgment") (quoting Virginia-Carolina Chem. Corp. v. Smith,
121 Fla. 720,
164 So. 717, 721 (1936)); Henry P. Trawick, Jr., Florida Practice and Procedure § 27:9 (2011). A Section
56.29 supplemental proceeding "enabl[es] the judgment creditor not only to discover assets which may be subject to his judgment, but to subject them thereto by a speedy and direct proceeding in the same court in which the judgment was recovered." Regent Bank v. Woodcox,
636 So.2d 885, 886 (Fla. 4th DCA 1994) (emphasis removed) (quoting Richard v. McNair,
121 Fla. 733,
164 So. 836, 840 (1935)). "[Section]
56.29 does not create substantive rights of recovery nor provide a basis for entry of a money judgment." In re Hill, 332 B.R....
...to discover then effectuate the assets of a judgment debtor." Mystique, Inc. v. 138 Int'l, Inc.,
2010 WL 3008809, *4 (S.D.Fla.2010) (Torres, *1310 Mag. J.), adopted,
2010 WL 4316957; see Conrad v. McMechen,
338 So.2d 1306, 1307 (Fla. 4th DCA 1976). A Section
56.29 supplemental proceeding lacks important characteristics of a new or separate suit....
...4th DCA 2008) ("Proceedings supplementary are post-judgment proceedings that permit a creditor to effectuate a judgment lien already existing; they are not independent causes of action") (quoting Zureikat v. Shaibani,
944 So.2d 1019, 1022 (Fla. 5th DCA 2006)); Regent Bank,
636 So.2d at 886 (Section
56.29 "was designed to avoid the necessity of the judgment creditor initiating an entirely separate action"). For example, a counter-claim by a party impleaded into a Section
56.29 supplemental proceeding is impermissible: nothing in [Section
56.29] authorize[s] a judgment debtor or impleaded parties to raise state law claims that have nothing to do with the sole purpose of [a Section
56.29] post-judgment proceeding; namely, to determine whether the impleaded defendants are in possession of property of [the judgment debtor] that could be used to satisfy the final judgment.... The purpose of [Section]
56.29to ensure the swift, summary disposition of issueswould be thwarted by allowing the judgment debtor and the impleaded parties to in effect commence an entirely new lawsuit based on state common law causes of action when proceedings supplemen...
...echanism through which [a judgment creditor] may reach property of [a judgment debtor] that it has otherwise been unable to execute on, without the necessity of instituting a new lawsuit to do so. Mystique, Inc.,
2010 WL 3008809 at *5. Also, because Section
56.29 codifies the formerly equitable proceeding for a creditor's bill, no jury trial right attaches in a supplemental proceeding....
...other words, a federal supplemental proceeding occurs under Rule 69(a) and applicable federal statutes but otherwise Rule 69(a) elects to accord federal procedure with state procedure.) On the other hand, a state supplemental proceeding occurs under Section
56.29, Florida Statutes, at the instance of a disappointed state judgment creditor, that is, the holder of a judgment rendered in state court. Because a supplemental proceeding "under [Section
56.29 is] a continuation of the same proceeding[, jurisdiction] remains with the court which entered the judgment" and a plaintiff may not initiate a supplemental proceeding outside the county where the judgment was awarded and the execution was issued. State Dept. of Ins. v. Accelerated Benefits Corp.,
817 So.2d 1086 (Fla. 4th DCA 2002); Patterson v. Venne,
594 So.2d 331 (Fla. 3d DCA 1992); and Schwartz,
365 So.2d at 183. A Section
56.29 a supplemental proceeding in federal court to enforce a state court judgment against an impleaded party would grossly transgress the purpose and structure of Section
56.29. Accordingly, the Jackson estate's Polk County default judgment and unsatisfied Polk County execution, combined with Section
56.29, authorize the Jackson estate to initiate a supplemental proceeding only in the Polk County circuit court....
...removable only if it originally might have been brought in a federal court." 14B Wright & A. Miller, Federal Practice & Procedure, § 3721 at 7 (2009). Because a judgment creditor cannot initiate in the district court a supplemental proceeding under Section 56.29 to enforce a Polk County circuit court judgment, that is, because a Section 56.29 action is not within the "original jurisdiction" of the district court under Section 1441(a), a defendant cannot remove a Section 56.29 supplemental proceeding to federal court, notwithstanding the presence of both jurisdictional amount and complete diversity of citizenship. To say that the Jackson estate's supplemental proceeding is not within the "original jurisdiction" of the district court is to say only the obvious: a supplemental proceeding to enforce a state court judgment occurs in state court under Section 56.29; a supplemental proceeding to enforce a federal court judgment occurs in federal court under Rule 69(a); the Jackson estate has no federal judgment to enforce; the Jackson estate could not have initiated in federal court a supplemental proceeding under Section 56.29 to enforce a state court judgment; a supplemental proceeding under Section 56.29 to enforce a state court judgment is perforce not within the original jurisdiction of the district court; and, therefore, a supplemental proceeding under Section 56.29 is manifestly not removable and warrants remand....
...te suits and judgments clearly remains intact as the sensible judicial rule. Armistead v. C & M Transport, Inc.,
49 F.3d 43, 46 (1st Cir.1995) (citations and quotation omitted). Judge Lenard recently expressed the same view in regard specifically to Section
56.29: *1313 a federal court may not exercise jurisdiction over ancillary proceedings, or a case that is "a supplementary proceeding so connected with the original suit as to form an incident to it, and substantially a continuation of it." .... [T]he Plaintiff's [Section
56.29] cause of action against the Impleader Defendants arises out of and cannot exist independently of [the] Plaintiff's judgment [in the original state court action]. Office Building, LLC v. CastleRock Sec., Inc.,
2011 WL 1674963, *3-*4 (S.D.Fla. 2011) (quoting Barrow v. Hunton,
99 U.S. 80, 82,
25 L.Ed. 407 (1878)). The Section
56.29 supplemental proceeding requires the fourteen impleaded parties, like the defendants in Office Building, "to account for their role in divesting [the] judgment debtor [ ] of [ ] assets prior to final judgment."
2011 WL 1674963 at *5....
...The state courts may have more expeditious methods for adjudicating issues bearing on matters already sub judice. Richmond v. Allstate Ins. Co.,
624 F.Supp. 235, 237 (E.D.Pa.1985). This logic applies to the distinctive facts of this case and demonstrates the importance of treating a Section
56.29 supplemental proceeding as inseparable from the original judgment....
...by a single motion that alleges a single conspiracy. The eleven removing parties cannot radically scatter into other actions in another court and happily compel the Jackson estate to follow. In sum, the Jackson estate initiates in state court under Section 56.29 "a supplemental proceeding[ ] that [is] a mere mode of execution or relief, inseparably connected with [the] original judgment [ ] in [the] state court proceeding and therefore not removable." 14B Wright & A. Miller, supra, § 3721 at 36. Neither the Jackson estate nor anyone else, however situated, can initiate a supplemental proceeding in federal court under Section 56.29; for that reason, because of an absence of original jurisdiction, the eleven impleaded parties cannot remove the Jackson estate's Section 56.29 supplemental proceeding to federal court....
...2010)the Jackson estate succeeds at the basic task of alleging that GTCR Fund VI, LP, and the other impleaded parties wrongfully hold the nursing home owners' money. The eleven removing parties fail to show that a claim against GTCR Fund VI, LP, is impossible. See Triggs,
154 F.3d at 1287. [4] *1315 Conclusion The Section
56.29 supplemental proceeding in Polk County circuit court is not subject to removal....
...The clerk is directed to (1) mail a certified copy of this order under 28 U.S.C. § 1447(c) to the clerk of the Circuit Court for Polk County, Florida, (2) terminate any pending motion, and (3) close the case. NOTES [1] Although not even the Jackson estate can initiate or maintain in federal court a Section 56.29 supplemental proceeding to enforce the Polk County circuit court judgment, a state judgment creditor enjoys options....
...In fact, to federalize a state judgment is usually pointless and (because of the pointlessness) certainly rare. [2] In addition to the fact that the district court has no business marshalling assets on behalf of a state court judgment creditor, an array of complications threaten. For example, if a Section 56.29 supplemental proceeding occurs in district court and an impleaded party moves under Rule 60(b) to vacate the state court judgment on which the Section 56.29 proceeding depends, the district court confronts the awkward anomaly of adjudicating the validity of a state court judgment, an unnecessary impingement of state sovereignty that might result in a determination with which the state court disagrees....
..."Troutman is a law firm doing business in Florida." 8:11-cv-1322-T-23TGW (Doc. 8 at 7). The one apparent connection between Troutman Sanders and this litigation is that another impleaded party, Leonard Grunstein, was a Troutman Sanders partner. In a Section 56.29 supplemental proceeding the Jackson estate cannot recover assets from Troutman Sanders based on respondeat superior, but neither does the Jackson estate allege that Troutman Sanders possesses money that belonged to the nursing home owners....
CopyCited 8 times | Published | Florida 4th District Court of Appeal | 2000 WL 1468308
...ndings in support of the trial court's ruling. Finally, we address Mason's motion for appellate attorney's fees against Speer. As previously noted, Speer was made a party to this appeal through supplementary proceedings undertaken in accordance with section 56.29, Florida Statutes....
CopyCited 8 times | Published | Florida 2nd District Court of Appeal | 2006 WL 3019832
...The bankruptcy court, albeit inadvertently, is using the circuit court as a magistrate to resolve discovery issues that seem to be matters better suited for resolution in the bankruptcy court. Normally, when collection on a judgment becomes complex, the plaintiff initiates supplementary proceedings pursuant to section 56.29, Florida Statutes (2005). Such proceedings are served like a new lawsuit. § 56.29(3)....
CopyCited 8 times | Published | Florida 5th District Court of Appeal | 1991 Fla. App. LEXIS 4557, 1991 WL 77671
...See Mogul v. Fodiman,
406 So.2d 1225 (Fla. 5th DCA 1981). In its brief the appellant contends: As a matter of law, prior to impleading any party, the trial court should conduct an examination of the judgment creditor or appoint a Master to do this for it. Section
56.29(2), Florida Statutes....
...5th *851 DCA 1984), aff'd,
475 So.2d 227 (1985). [1] We also adhered to Ehmann in Timothy Dunn Associates, Inc. v. Seligman,
557 So.2d 207 (Fla. 5th DCA 1990). Ehmann, as contended by the appellant, is directly on point and supports its argument. Therein, the First District interpreted section
56.29, Florida Statutes (1977), [2] which provided in pertinent part:
56.29 Proceedings Supplementary....
...fide purchaser for value and without notice. Any person aggrieved by the levy may proceed under ss.
56.16-56.20. Ehmann concluded that, in order for a trial court to grant a motion to implead third party defendants in supplementary proceedings under section
56.29, three procedural steps were required by the statute and extant case law: (1) examination of the judgment creditor by the court; (2) issuance of a show cause order to the third party defendant; and (3) the affording of an opportunity by the third party to respond in writing to that order....
...ess i.e., an order to show cause directed to third party defendants. Phoenix, of course, preceded the promulgation in 1954 of the Florida Rules of Civil Procedure, which supplanted the Common Law and Equity Rules. Secondly, there is nothing in section 56.29 which requires a judgment creditor to be examined by the court....
...gers to the dispute that gave rise to the judgment. Moreover, the design of the proceedings supplementary statute appears to contemplate such a preliminary showing will precede any action by the court in recovering property from third parties. Under section 56.29(4), Florida Statutes, the key provision is examination of the defendant in execution covering "all matters and things pertaining to the business and financial interests of defendant which may tend to show what property he has and its lo...
CopyCited 8 times | Published | District Court, S.D. Florida | 1988 U.S. Dist. LEXIS 6661, 1988 WL 65682
...gment debtor Allied, to show cause why they should not be subject to AGFA's judgment. Under Fed.R.Civ.P. 69, state law concerning supplementary proceedings will govern to the extent that they are not preempted by federal law. In this case, Fla.Stat. § 56.29 will control. By enacting section 56.29, the Florida legislature intended that creditors have "a swift, summary disposition of issues," while "preserv[ing] the equitable character of both proceedings and the remedies available." Mission Bay Campland, Inc....
...through supplementary proceedings in aid of execution. In Wieczoreck v. H & H Builders, Inc.,
450 So.2d 867 (Fla.Dist.Ct.App.1984), the court outlined the procedure by which third party defendants may be impleaded. Under decisional law interpreting section
56.29, the two jurisdictional prerequisites for supplementary proceedings are (1) an unsatisfied writ of execution, and (2) an affidavit averring that the writ is valid and unsatisfied along with a list of persons to be impleaded....
...Mr. Boyd entered a market without having any idea of the volume of Allied's sales. A business that he was unable to provide with start up capital or for that matter finance on his own credit was enormously successful from the start. Under Fla.Stat. § 56.29(5), a court may fashion an appropriate equitable remedy to afford a judgment creditor as complete relief as possible including finding a new corporation liable for a judgment against its predecessor corporation when the new corporation is merely the alter ego of the judgment debtor....
...n the same ultimate authority at United, despite their apparent lack of ownership. The only logical conclusion finds United to be a continuation of Allied and therefore as responsible for its liabilities as it has been the recipient of its benefits. Section 56.29(6)(a) requires that a judgment creditor may reach any property to which the judgment debtor transferred title within one year of service of process on him if the transferee is a "person on confidential terms with the defendant." The judgment debtor will have the burden of establishing that the transfer was not made to defraud a creditor or hinder or delay payment. See Fla.Stat. § 56.29(6)(a)....
...Rubin's contradiction of his earlier assertions are a further attempt to obfuscate the already murky atmosphere surrounding these proceedings and will not be countenanced. Finally, Diana Rubin is liable to AGFA in the amount of $30,000.00 that she received in "sales commissions" from United. Section 56.29(6)(a) places the burden on a transferee who is "on confidential terms with the defendant" to establish that a transfer of the defendant's property was not made to delay, hinder, or defraud creditors....
...perty belonging to United and was made with the purpose of delaying, hindering, or defrauding the judgment creditor and thus has not rebutted AGFA's prima facie case. It is therefore the conclusion that this transfer falls within those proscribed by section 56.29(6)(a) and the transferee is liable in that amount....
...Accordingly, it is ORDERED AND ADJUDGED that the third party defendant United is liable to the judgment creditor AGFA in the full amount of the judgment entered against Allied Industries International, Inc. plus costs and reasonable attorney's fees pursuant to Fla. Stat. § 56.29(11)....
CopyCited 8 times | Published | Florida 4th District Court of Appeal | 1996 Fla. App. LEXIS 7991, 1996 WL 426187
...Tradewinds, having ceased to do business, did not participate in the proceedings supplementary. Morton, however, presented various witnesses to show that the transaction was not fraudulent as to creditors. The trial court's final judgment states: 15. Under Section 56.29(6)(a), Florida Statutes, TRADEWINDS has the burden to show that the January 24, 1990, transfer from TRADEWINDS to MORTON was not made to delay, hinder or defraud creditors....
...(emphasis in original). The court then voided the transfer of Tradewinds' interest in Woolbright Place to Morton and ordered it placed in the hands of the Sheriff to partially satisfy the writ of execution. It is from this order that Morton appeals. Section 56.29(6)(a), shifts the burden to the defendant in proceedings supplementary to prove that a transfer made within one year before service of process is not fraudulent as to creditors....
...person on confidential terms with defendant claims title and right of possession at the time of examination, the defendant has the burden of proof to establish that such transfer or gift from him was not made to delay, hinder, or defraud creditors. §
56.29(6)(a), Fla.Stat. (1993). We previously held in Munim v. Azar,
648 So.2d 145 (Fla. 4th DCA 1994), that section
56.29(6)(a) places the burden on the transferee of the property to prove that the transfer was not fraudulent....
...of must be carried by defendant Tradewinds, who did not even appear in the proceedings, such a determination was error. The trial court also erred in rejecting the application of the Uniform Fraudulent Transfer Act (UFTA) to these proceedings. While section 56.29 provides a procedural mechanism to assist judgment creditors in reaching assets of judgment debtors, the UFTA has codified the law concerning what constitutes a fraudulent transfer. Under section 56.29, it is the burden of the defendant to prove that a transfer was not a fraudulent transfer....
CopyCited 8 times | Published | Florida 4th District Court of Appeal
...Susskind of Kaplan, Sicking, Hessen, Sugarman, Rosenthal & Zientz, P.A., Miami, for appellant. Robert S. Geiger of Levine, Reckson, Reed & Geiger, P.A., Miami, for appellee. HURLEY, Judge. This case deals with the scope of supplementary proceedings pursuant to Section 56.29, Florida Statutes (1979)....
...Puzzo has raised a number of points on appeal, but we limit our discussion to one: the propriety of allowing Ray, the judgment creditor, to reach Alliance's, the judgment debtor's, right of action against Puzzo, the tortfeasor. Proceedings supplementary to execution are governed by Section 56.29, Florida Statutes (1979)....
...d up, or concealed, the same might be, whether in the name or possession of third parties or not, to the satisfaction of an execution outstanding against him. (Emphasis supplied.) In the case at bar we are particularly concerned with subsection 5 of Section 56.29, Florida Statutes (1979) which provides that: The judge may order any property of the judgment debtor, not exempt from execution, in the hands of any person or due to the judgment debtor to be applied toward the satisfaction of the judgment debt....
CopyCited 8 times | Published | Florida 5th District Court of Appeal
...do not, and while that would be a logical distinction, the clear language of the rule does not appear to be that restrictive. The motion to dismiss the appeal is denied. MOTION DENIED. DAUKSCH, C.J., and FRANK D. UPCHURCH, Jr., J., concur. NOTES [1] § 56.29, Fla....
CopyCited 8 times | Published | District Court, S.D. Florida | 1995 WL 789298
...In the event payment is not made within thirty (30) days, the counterplaintiff may commence foreclosure proceedings without further order of this Court. 8. The counterplaintiff is entitled to costs and reasonable attorneys' fees against the counterdefendants pursuant to Fla.Stat. § 56.29(11), which shall be taxed on appropriate motion....
...Cobra. In the event payment is not made within thirty (30) days, Cobra may commence foreclosure proceedings without further order of Court. 8. Cobra is entitled to costs and reasonable attorneys' fees against Counterdefendants pursuant to Fla.Stat. § 56.29(11), which shall be taxed on appropriate motion....
CopyCited 7 times | Published | United States Bankruptcy Court, M.D. Florida | 21 Fla. L. Weekly Fed. B 40, 2007 Bankr. LEXIS 3537, 2007 WL 3051264
...35) (the "Motion") that their interests in their home and large federal tax refunds, owned by them as tenants by the entireties, are not subject to curtailment as fraudulent transfers under Section 522( o ) of the Bankruptcy Code [1] or to administration pursuant to Section 56.29 of the Florida Statutes....
...nto the Florida Home he purchased with Susan in order to obtain tenancy by the entireties protection of the proceeds. The plaintiffs argue that Chapter 726 of the Florida Statutes, Bankruptcy Code Section 522( o ) and, alternatively, Florida Statute Section 56.29, entitle them to avoid the debtor's transfer of his nonexempt assets into the Florida Home and to administer the debtor's interest in the Tax Refunds....
...creditor to pursue a fraudulent transfer claim in Florida. After the enactment of the Florida Uniform Transfer Act, according to the defendants, all fraudulent transfer actions are governed only by UFTA. The plaintiff's, on the other hand, point to section 56.29 of the Florida Statutes as further authority to pursue fraudulent transfer claims in their attempt to collect the KAL judgment against the debtor. Section 56.29 of the Florida Statutes describes the procedure by which a person holding an unsatisfied execution can initiate proceedings supplementary to execution....
...Countrywide Home Loans, Inc.,
752 So.2d 696, 697 (Fla. 2nd Dist.App. 2000)). Thus, even the passage of well over a decade may not bar a judgment creditor from initiating proceedings supplementary. The statute governing proceedings supplementary is codified in Florida Statute Section
56.29, which provides, in relevant part, as follows:
56.29....
...otice. Any person aggrieved by the levy may proceed under ss.
56.16-56.20. . . . (9) The court may enter any orders required to carry out the purpose of this section to subject property or property rights of any defendant to execution. West's F.S.A. §
56.29 (all emphasis added). A plain reading of Florida Statute Section
56.29 leads to at least three conclusions....
...What the statute would not appear to do, at least facially, is to provide a way for a judgment creditor to avoid a valid exemption in real or personal property. Notwithstanding the statute's plain language, at least one court arguably has relied upon Section
56.29 to set aside transfers of misappropriated funds traced into a Florida homestead claimed as exempt by a judgment debtor, in Zureikat v. Shaibani,
944 So.2d 1019 (Fla. 5th Dist.Ct. App.2006). In ruling, the Florida Appellate Court noted that, pursuant to Section
56.29(9), courts have the power to "enter any orders required to carry out the purpose of [section
56.29] to subject property or property rights of any defendant to execution."
944 So.2d at 1023....
...four-year statute of limitations. The Court could have relied on the established equitable lien law reaffirmed by the. Florida Supreme Court in Havoco of Am., Ltd. v. Hill,
790 So.2d 1018 (Fla.2001). Or, the Court could have relied exclusively upon Section
56.29 and its collection powers to render its ruling. In any event, the Zureikat decision does firmly establish at least one point relevant here. Whatever powers or rights Section
56.29 gives to judgment creditors, such as KAL, those powers run co-extensively with the powers given to creditors under Section 726's fraudulent transfer statute. The two statutes co-exist under Florida law, albeit not in perfect harmony. In making this very limited ruling, that Section 726 does not preclude KAL's claims under Section
56.29, this Court intentionally is not defining in this case, in its embryonic stage with no facts or evidence, the outer boundaries of the extent or powers granted by Section
56.29....
...No. 07-56 (Asserting exceptions to discharge pursuant to Bankruptcy Code Section 523(a)(2)(A) and (a)(4)), Adv. Pro. No. 07-57 (Asserting claims under Bankruptcy Code Sections 544, 547, and 548, Chapter 726 of Florida Statutes, and Florida Statute Section
56.29, and Florida Statute Section
222.30) (pertaining to fraudulent asset conversions); Adv. Pro. No. 07-59 (Asserting action to avoid fraudulent transfers/asset conversions between spouses pursuant to Bankruptcy Code Sections 541, 544, 548, and Chapter 726 of the Florida Statutes, Florida Statute Section
56.29, Florida Statute Section
222.30, and seeking a declaratory judgment, a resulting trust, equitable lien and/or constructive trust, and an accounting); Adv. Pro. No. 07-60 (Asserting action to avoid fraudulent transfers/asset conversions between spouses pursuant to Bankruptcy Code Sections 541, 544, 548, and Chapter 726 of the Florida Statutes, Florida Statute Section
56.29, and Florida Statute Section
222.30, and seeking a declaratory judgment, a resulting trust, equitable lien and/or constructive trust, and an accounting); and, Adv....
CopyCited 7 times | Published | Florida 4th District Court of Appeal | 1996 WL 382273
...Similarly, in the case at bar, 27 Alberta, as a judgment creditor, has an equitable claim against Adams' assets. As such, an action to set aside the fraudulent conveyance of Adams' real property is equitable in nature since it does not result in a general adjudication of title to the property. Section 56.29, Florida Statutes (1993), provides the statutory basis for the avoidance of any gift, transfer, assignment or other conveyance made in an attempt to hinder or defraud creditors....
...First Nat'l Bank of Miami,
138 So.2d 367 (Fla. 3d DCA 1962)). Thus, we hold that the situation in the instant case mandates the same results as those reached in Mission Bay and Allied Indus. We believe also that that is the outcome contemplated by section
56.29....
...ed.1940) (footnotes omitted).
492 U.S. at 44,
109 S.Ct. at 2791. In this case, the creditor sought relief to avoid the fraudulent transfer pursuant to chapter 726 of the Florida Statutes, known as the Uniform Fraudulent Transfer Act. See §§
726.101-.201, Fla. Stat. (1995). Section
56.29, Florida Statutes (1995), also provides a means for a creditor to seek to void a fraudulent transfer; however, that section is limited only to post-judgment proceedings brought in the court in which the original judgment was obtained....
...Manget,
132 Fla. 498, 503-04,
181 So. 370, 373 (1938). While no case has directly addressed the right to a jury trial in proceedings under section
726.108, it has been held that there is no right to a jury trial in summary proceedings authorized by section
56.29....
...Bank,
264 So.2d 867 (Fla. 1st DCA 1972). This holding is supported by the fact that proceedings supplementary to execution are summary proceedings specifically authorized by law and limited in scope. Dezen,
66 So.2d at 485. Proceedings brought pursuant to section
56.29 are a "substitute for a creditor's bill and provide a means of subjecting to the lien of a judgment creditor property conveyed by his judgment debtor for the purpose of delaying, hindering or defrauding the creditor." Ferguson,
264 So.2d at 868; cf....
CopyCited 7 times | Published | Florida 2nd District Court of Appeal | 2002 Fla. App. LEXIS 238, 2002 WL 51949
...The decisive issues presented in this case are (1) whether Prestige's transfer of the Jaeger property to the Goodmans was made to delay, hinder, or defraud Aldrich & Ramsey such that the conveyance should be declared void and the property made subject to execution, see § 56.29(6), Fla....
CopyCited 7 times | Published | Florida 4th District Court of Appeal | 1990 WL 45266
...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 supplementary proceeding in aid of execution, pursuant to Florida Statutes Section
56.29 is an appropriate method of levying on the property of third parties as an alternative to foreclosure....
CopyCited 6 times | Published | Florida 3rd District Court of Appeal | 2010 Fla. App. LEXIS 15828, 2010 WL 4103149
...oses in action" for the benefit of all creditors. Affirmed. NOTES [1] Under the decisional law of this district, the issuance of a valid writ of execution and its return unsatisfied are jurisdictional prerequisites for proceedings supplementary. See § 56.29, Fla....
CopyCited 6 times | Published | Florida 2nd District Court of Appeal | 2012 WL 5935678, 2012 Fla. App. LEXIS 20323
...Background After settling with eleven defendants in nursing home litigation, the Estate obtained a default judgment for $110 million against two remaining defendants. The Estate then filed motions to implead sixteen new defendants, including the three appellants in this appeal, in proceedings supplementary under section 56.29, Florida Statutes (2010)....
...diction over them because the Estate failed to serve them with a summons and an impleader complaint. At the conclusion of a hearing, the trial court orally denied the appellants’ motion on the basis that “[t]his action has been filed pursuant to section 56.29....
...e long[-]arm statute to nonresidents’ ” (quoting and approving Nat’l Lake Devs., Inc. v. Lake Tippecanoe Owners Ass’n,
395 So.2d 592, 593 (Fla. 2d DCA 1981))). III.Analysis On appeal, the appellants argue that proceedings supplementary under section
56.29 are governed by the Florida Rules of Civil Procedure and that the rules require that a newly impleaded defendant be served with a summons and complaint in order for the court to have personal jurisdiction over that newly impleaded defendant....
...e process with that complaint in order to commence proceedings supplementary against new third parties. The Estate claims that the trial court properly denied the appellants’ motion to dismiss because the Estate followed the procedure set forth in section 56.29. Proceedings supplementary under section 56.29 are special statutory “proceedings subsequent to judgment to aid a judgment creditor in collecting his judgment against the judgment debtor.” Rosenfeld v....
...TPI Int’l Airways, 630 So.2d *8 1167, 1169 (Fla. 4th DCA 1998). In order to initiate proceedings supplementary, the statute requires that the judgment creditor have an unsatisfied judgment and file an affidavit averring that the judgment is valid and outstanding. § 56.29(1); B & I Contractors, Inc....
...initiating an entirely separate action for a creditor’s bill.” Regent Bank v. Woodcox,
636 So.2d 885, 886 (Fla. 4th DCA 1994); see Office Bldg., LLC,
2011 WL 1674963 , at *3. In B & I Contractors,
66 So.3d at 1037 , this court explained that section
56.29(1) provides that an affidavit be filed to commence the proceedings but this court noted that motions are commonly used also....
...nto the proceedings by impleader. Id. at 1037-38 . This court did not discuss the process by which a new defendant should be impleaded. The appellants correctly argue that the Florida Rules of Civil Procedure apply to proceedings supplementary under section 56.29....
...creditor to be examined before a third party is impleaded in proceedings supplementary and that the rules do not require a petition to implead to be sworn to). But unless the civil rules provide to the contrary, the statutory procedure set forth in section 56.29 controls....
...There is no explicit rule requiring that a plaintiff wishing to initiate proceedings supplementary against a new third party must file an impleader complaint and serve process of that complaint on the new third party. 1 Therefore, we must look to *9 the procedure in section 56.29. Section 56.29 directs a plaintiff to file an affidavit attesting that the plaintiff holds an unsatisfied judgment as well as a motion to require the defendant in execution to appear before the court. § 56.29(1), (2). 2 The trial court shall then enter an order requiring the defendant to appear before the court for an examination concerning the defendant’s property. § 56.29(2)....
...The trial court’s “order shall be served in a reasonable time before the date of the examination in the manner provided for service of summons or may be served on such defendant or his or her attorney as provided for service of papers in the rules of civil procedure.” § 56.29(3) (emphasis added)....
...suggests that an impleader complaint must be filed and served on a new defendant. But in that case, the new defendant was never served with any document informing him that he could be held liable for the judgment. Here, the new defendants were personally served with a copy of the order to show cause, as provided for in section 56.29(3), *10 and the order clearly informed the new defendants that the Estate was seeking to enforce a judgment against them....
...nt). On the other hand, the impleading of new defendants has also occurred by motion. See, e.g., Regent Bank,
636 So.2d at 886 (holding that nothing more was required to implead new defendant than a motion to implead and the affidavit required under section
56.29); Luskin v....
...llegations, whether an order to show cause or a third party complaint, is immaterial. Id. at 852-53. Further, in the federal case that remanded the instant case back to state court, the district court noted that “[a] supplemental proceeding [under section 56.29] contemplates no complaint, no cause of action, no counter-claim, no finding of personal liability in either contract or tort, and no personal judgment against an impleaded party.” Estate of Jackson v....
...Conclusion In conclusion, there is no requirement in the civil rules that an impleader complaint be filed with process served on the new defendant in order to obtain personal jurisdiction over the new defendant in proceedings supplementary. In this case, the Estate properly followed the procedure set forth in section 56.29....
...the action. The time for answering and authority for defenses under rule 1.140 will apply. The last sentence exempts post judgment motions under rules 1.480(c), 1.530, and 1.540, and similar proceedings from its purview. . The procedure laid out in section 56.29(2) is consistent with Florida Rule of Civil Procedure 1.250(c), which generally provides that "[pjarties may be added by order of court on [the court’s] own initiative or on motion of any party at any stage of the action and on such t...
CopyCited 6 times | Published | Florida 1st District Court of Appeal | 1978 Fla. App. LEXIS 16697
...c) and could not, therefore, represent the trust by himself. Appellant first contends that the provisions of §
47.061, Florida Statutes, relating to venue in suits on promissory notes do not cover supplementary proceedings filed pursuant to Chapter
56.29, Florida Statutes (1975); that venue in supplementary proceedings under §
56.29 may be (and in this instance is) in a county other than where the principal action was maintained. We disagree. §
56.29, Florida Statutes, provides in subsection (1) thereof as follows: *183 "When any sheriff holds an unsatisfied execution, the plaintiff in execution may file an affidavit so stating and that the execution is valid and outstanding and thereupo...
...these proceedings supplementary to execution." There is nothing in the wording of the above quoted provision of the statute which indicates that a new suit on supplementary proceedings after judgment may be filed in another county. Subsection (2) of § 56.29 provides as follows: "On such plaintiff's motion, the court shall require the defendant in execution to appear before it or a commissioner or a master at a time and place specified by the order in the county of the defendant's residence to be examined concerning his property." (Emphasis supplied.) Under the above statute, the court (obviously the original court) requires the defendant in execution to appear before it or a master. § 56.29(9) emphasizes the broad purpose of supplementary proceedings and the broad discretion of the court as follows: "The court may enter any orders required to carry out the purpose of this section to subject property or property rights of any defendant to execution." This broad purpose was emphasized in State v....
...n of third parties or not, to the satisfaction of an execution outstanding against him." (Emphasis supplied.) Also, the Supreme Court in Virginia-Carolina Chemical Corp. v. Smith,
121 Fla. 720,
164 So. 717 (1935), commenting on an earlier version of §
56.29, said: "......
CopyCited 6 times | Published | Florida 2nd District Court of Appeal | 2016 Fla. App. LEXIS 4820, 2016 WL 1238265
...Levin testified falsely about' the reasons for the assignment and, for the first time, showed that the assignments were intended to hinder, delay, or defraud creditors. B. On March 8, 2013, F/R filed motions for proceedings supplementary to execution and to implead National Auto Properties and Mr. Levin pursuant to section 56.29, Florida Statutes (2013), on the theory that *502 National Auto Service had fraudulently-transferred property to them....
...3 The trial court entered orders granting F/R proceedings supplementary, impleading the Levin Parties, and scheduling an evidentiary hearing on the merits of F/R’s allegations of fraudulent transfer. A word about procedure is necessary to understand the issues presented to us. Proceedings supplementary under section. 56.29 are ancillary, postjudgment proceedings conducted ,in the same action in which the judgment was obtained....
...They enable the judgment creditor to execute upon the property of the judgment debtor, regardless of whether that property is held by the debtor or by a third party, and thus spare the creditor the-burden and expense of maintaining separate actions to collect the .judgment. See §
56.29(5); Jackson-Platts,
110 So.3d at 8 . Section
56.29 is thus typically regarded as a procedural mechanism for reaching assets to which the judgment creditor is legally entitled rather than as an independent font of substantive rights and. obligations. See, e.g., Morton v. Cord Realty, Inc.,
677 So.2d 1322, 1324 (Fla. 4th DCA 1996). Section
56.29 does hot regulate this procedure in detail, however, and its application in the real'world can become messy. The statute does not réquire that the judgment creditor file a pleading stating the factual and legal basis for the proceedings supplementary or identifying the relief it seeks. §
56.29(1); Jackson-Platts,
110 So.3d at 8-9 . Further, although the statute empowers courts to void transfers of property made “to delay, hinder[,] or defraud creditors,” §
56.29(6)(b), it does not explain whether a claim that a judgment debtor has made a fraudulent transfer is governed exclusively by section
56.29 or whether, and in what respects, FUFTA or some other law is equally or more applicable....
...Levin, his wife, and the two limited liability companies collectively as the Levin Parties. . Section 56,29 was recently amended by Senate Bill 1042 in a way that may avoid this problem. The bill was approved by Governor Scott on March 9-, 2016, and will take effect - on July 1, 2016, Section 56.29(9) will now provide, that in supplemental proceedings "[t]he court may entertain claims ,,, under chapter 726 [FUFTA]_Claims under chapter 726 brought under this section shall be initiated by a supplemental complaint and served as provi...
...edure, and the claims under the supplemental complaint are subject to chapter 726 and the rules of civil procedure.” .One issue that might be relevant but was not raised is whether the specific provisions of FUFTA or the more genéral provision of section
56.29 supply the applicable rule concerning when a judgment creditor, vmay use proceedings supplementary to avoid a fraudulent transfer. Recently, in Biel Reo, LLC v. Barefoot Cottages Development Co.,
156 So.3d 506 (Fla. 1st DCA 2014), the First District held that a supplementary proceeding to avoid fraudulent transfers under sections
56.29(5) and (6) may be brought at any time during the twenty-year' life of a judgment, rather than the time specified in FUFTA, be *503 cause section
56.29(1) allows a proceeding supplementary to be brought “[w]hen any person or entity holds an unsatisfied judgment-” Id. at 510 (quoting §
56.29(1)). Consistent with F/R’s presentation of the case to the trial court, at oral argument F/R disclaimed reliance on Biel Reo. We áre thus not required to ’ reach this issue here, and we do not consider whether section
56.29 could have provided an alternative source of relief....
CopyCited 6 times | Published | Florida 1st District Court of Appeal | 1988 WL 27812
...Warren, Jacksonville, for appellants. Frederick R. Brock of Gartner and Phillips, Jacksonville, for appellee. BARFIELD, Judge. Appellants seek interlocutory review of an order directing them to answer an impleader complaint in proceedings supplementary under section 56.29, Florida Statutes (1985)....
...Upon the trial court's granting of the motion to implead, appellee served its verified complaint in impleader on appellants. Appellants then filed motions to quash and dismiss the complaint in impleader. The motions contended the complaint was jurisdictionally defective as appellee had failed to follow the steps in section 56.29 for proceedings supplementary....
...Therefore, this appeal is dismissed for lack of jurisdiction in this Court. Appellants may raise this issue in any further appeal as we do not pass upon the merits. MILLS and WENTWORTH, JJ., concur. NOTES [1] Appellants contended appellee failed to file an affidavit under section 56.29(1) stating the judgment was unsatisfied, failed to file an unsatisfied writ of execution, failed to provide a complaint in impleader, failed to provide sufficient testimony to prove a prima facie basis for relief and made no showing that appellants were liable to the judgment-debtor corporation....
CopyCited 6 times | Published | Florida 4th District Court of Appeal | 1989 WL 81762
...ion. Although appellant's counsel had taken a deposition of the principal of the defendant in the prior case, appellant did not pursue any of the enforcement proceedings against said defendant as provided in Florida Rule of Civil Procedure 1.570 and section 56.29, Florida Statutes (1987). Appellee filed a motion to dismiss the complaint in the second lawsuit, alleging, inter alia, failure of appellant to follow the remedies in rule 1.570 and section 56.29, as well as other pleading deficiencies in the complaint. The trial court granted the motion to dismiss without leave to amend. We hold that in this regard, the trial court erred. While appellant certainly had available to it the provisions of Florida Rule of Civil Procedure 1.570 and section 56.29, Florida Statutes (1987), as well as the remedy of an impleader action under the case law [1] , it appears that appellant, if properly given leave to amend, could have stated a valid cause of action against appellee....
...nal Finance Ltd. v. Hoiyong Gems Corp.,
616 F. Supp. 351, 361 (D.C.R.I. 1985). We would caution the trial bar not to interpret this decision as a "green light" for judgment creditors to bypass utilization of Florida Rule of Civil Procedure 1.570 and section
56.29, Florida Statutes (1987) in search of a "deeper pocket." On the other hand, limited to the factual setting set forth in appellant's complaint and the elements enumerated above, there appears to be no prohibition against appellant's proc...
CopyCited 6 times | Published | Florida 3rd District Court of Appeal | 14 Fla. L. Weekly 1771, 1989 Fla. App. LEXIS 4233, 1989 WL 81734
...ween February 1978 and January 1988 for $1,451,973.40 and that Defendants' affirmative defense of laches is hereby denied. Accordingly and pursuant to the broad, liberal and equitable powers of a court under Supplemental Proceedings, Florida Statute Section 56.29, the court hereby enters a final judgment against MERCEDES FERRE in favor of the Plaintiff, CITY NATIONAL BANK, for $1,451,973.40 for which let execution issue forthwith. The court hereby reserves ruling to enter an award of attorney's fees and costs pursuant to Florida Statute Section 56.29(11)." The appellants contend that this action was barred by the statute of limitations, or laches, that it was barred by the federal Consumer Credit Protection Act, 15 U.S.C....
CopyCited 6 times | Published | District Court, S.D. Florida | 1980 U.S. Dist. LEXIS 14697
...§ 1963 (1970), [4] plaintiffs registered the Oklahoma judgment in this district, and are now petitioning this Court for aid in the enforcement of the judgment. Florida law, however, provides judgment creditors with a weapon not found in the Oklahoma arsenal of execution procedures. Fla.Stat. § 56.29 sets forth the procedure for deposing a judgment debtor regarding his assets. Under Fla.Stat. § 56.29(8), *838 [a] party or a witness examined under these provisions is not excused from answering a question on the ground that his answer will tend to show him guilty of the commission of a fraud, or prove that he has been a party or privy to,...
...le probability that the information sought by the plaintiffs could be used against the defendant in a criminal prosecution. [11] II. The second avenue of inquiry that the Court must pursue is whether the self-executing grant of immunity in Fla.Stat. § 56.29(8) is sufficiently broad to supplant the defendant's privilege against self-incrimination....
...testimony and its fruits in federal prosecutions, it follows, a fortiori, that the state grant of immunity must adequately protect against self-incrimination from state prosecution as well. [13] When measured alongside the Fifth Amendment, Fla.Stat. § 56.29(8) fails to provide this protection....
...[14] Kastigar thus required both use and derivative use immunity in order to overcome a Fifth Amendment objection. [15] In the instant case, the most probative analogy can be found in the grant of immunity set forth in former section 7(a)(10) of the prior Bankruptcy Act, [16] and the cases decided thereunder. Like Fla.Stat. § 56.29(8), *841 section 7(a)(10) of the Bankruptcy Act was a self-executing grant of immunity that automatically attached to a debtor's testimony concerning his assets....
...1974); Goldberg v. Weiner,
480 F.2d 1067 (9th Cir. 1973); United States v. Goodwin,
470 F.2d 893 (5th Cir. 1972); United States v. Seiffert,
463 F.2d 1089 (5th Cir. 1972). When examined in light of the above authorities, it is clear that Fla.Stat. §
56.29(8) fails to grant protection sufficient to displace the Fifth Amendment....
...[19] The statute thus falls into the same category as that in Counselman [20] and the pre-1970 version of Bankruptcy Act § 7(a)(10). Because the Fifth Amendment encompasses both use and derivative use immunity, Kastigar v. United *842 States , a witness cannot be compelled to testify on the basis of Fla.Stat. § 56.29(8), which provides only the former....
...[19] Interestingly, the general immunity statute in Florida, Fla.Stat. §
914.04, goes beyond the protection afforded by the Fifth Amendment, and grants full transactional immunity. See Tsavaris v. Scruggs,
360 So.2d 745, 749 n.6 (Fla.1978). [20] Indeed, the statute in Counselman was broader than Fla.Stat. §
56.29(8)....
CopyCited 6 times | Published | Florida 4th District Court of Appeal | 1982 Fla. App. LEXIS 19105
...480,
134 So. 501 (Fla. 1931). It is generally stated that the party seeking to establish a resulting trust has the burden of proving its existence by "clear, strong and unequivocal evidence." Powell v. Race,
151 Fla. 536,
10 So.2d 142 (Fla. 1942). However, Section
56.29(6)(a), Florida Statutes (1981) alters this conclusion....
CopyCited 6 times | Published | Florida 5th District Court of Appeal | 1997 WL 82115
...sible splitting of a cause of action. See The Florida Bar v. Gentry,
447 So.2d 1342 (Fla.1984); Rajsfus v. Fabri,
535 So.2d 690 (Fla. 3d DCA 1988). The Bleidts next contend that the challenged transactions cannot be deemed fraudulent transfers under section
56.29 (proceedings supplementary) or section
726.101 (fraudulent transfers)....
...The additional stock was issued several months later while the Florida court was deciding whether Carwin's pledge agreement and transfer of stock to his wife was fraudulent. The stock issuance clearly reduced the value of Carwin's shares, which was the only asset on which Robert could levy. Section 56.29(6)(b) provides that whenever any gift, transfer, assignment or other conveyance of personal property has been made or contrived by the defendant to delay, hinder or defraud creditors, the court shall order the gift, transfer, assignment...
CopyCited 6 times | Published | Florida 4th District Court of Appeal | 1993 Fla. App. LEXIS 12677, 1993 WL 538220
...4th DCA 1991), held that no error was demonstrated regarding the discovery questions raised and that TPI was not entitled to judgment as a matter of law on the alleged fraudulent transfer, as claimed by TPI. The court then instructed *1168 that on remand, any further proceedings should be conducted in accordance with section 56.29, Florida Statutes (1987), providing for supplementary proceedings. After remand, the matter was tried by the court without a jury. During the trial, Rosenfeld moved for an involuntary dismissal on the ground that the court lacked subject matter jurisdiction. The thrust of his argument was that the provisions of section 56.29, Florida Statutes (1987), requiring the plaintiff in execution to file an affidavit stating that the sheriff holds an unsatisfied writ of execution which is valid and outstanding, are jurisdictional and cannot be waived....
...missal because the trial court lacked subject matter jurisdiction of the cause. We hold this contention to be unfounded. This cause proceeded in supplementary proceedings pursuant to TPI's complaint and the mandate of this court in the prior appeal. Section 56.29, Florida Statutes (1989), provides that a judgment creditor may avail himself of supplementary proceedings by filing an affidavit stating that any sheriff holds an unsatisfied writ of execution which is valid and outstanding. While TPI filed an original complaint herein based on chapter 726, Florida Statutes, regarding fraudulent conveyances, and section 56.29, Florida Statutes (1987), regarding supplementary proceedings naming Rosenfeld as a defendant, it never alleged the filing of the statutory affidavit....
...ied. Luskin v. Luskin,
585 So.2d 1099 (Fla. 4th DCA 1991); Sullivan v. Musella,
564 So.2d 150 (Fla. 2d DCA 1990). In his second appellate point, Rosenfeld contends that the trial court erred in awarding attorney's fees against Rosenfeld, pursuant to section
56.29(11), Florida Statutes (1989)....
...City National Bank of Miami,
548 So.2d 701 (Fla. 3d DCA 1989). A close reading of Ferre leads to the conclusion that the court there did not award fees against the impled defendant. It simply reserved jurisdiction to award attorney's fees and costs "pursuant to Florida Statute section
56.29(11)." No issue was made of the position taken here, that attorney's fees in supplementary proceedings pursuant to section
56.29(11) *1169 are allowed against the judgment debtor, not against implied, non-debtor defendants....
...Nevertheless, we believe an analysis of chapter 56 demonstrates that attorney's fees, if awarded, are to be assessed against the judgment debtor. Supplementary proceedings under the statute are proceedings subsequent to judgment to aid a judgment creditor in collecting his judgment against the judgment debtor. Section 56.29, providing for impleading additional parties, contains no authority for assessing fees against the implied third party defendant....
CopyCited 5 times | Published | Florida 3rd District Court of Appeal | 1994 WL 552461
...rring her interest in the properties. After domesticating the judgment, the Dade Circuit Court issued a writ of execution against the wife in the amount of $3,400,000. Thereafter, the husband filed Proceedings Supplementary to execution, pursuant to Section 56.29, Florida Statutes, in order to determine the true nature and extent of the wife's interest in the Dade County land....
CopyCited 5 times | Published | Florida 3rd District Court of Appeal | 1999 Fla. App. LEXIS 6769, 1999 WL 330175
...As a result, Ocala Breeders' filed suit and obtained a judgment against Hialeah Park. When attempting to execute on its judgments, Ocala Breeders' learned that Hialeah Park had no assets to satisfy the outstanding judgments. As a result, Ocala Breeders' brought proceedings supplementary under section 56.29, Florida Statutes (1997), seeking to hold Hialeah, Inc....
CopyCited 5 times | Published | Florida 3rd District Court of Appeal | 1989 WL 59559
...an order impleading appellants in proceedings supplementary. As appellant Aida Machado has complied with the trial court's order, the appeal from the contempt citation is moot. The order impleading appellants in proceedings supplementary pursuant to section 56.29, Florida Statutes (1987), is a nonfinal, nonappealable order....
CopyCited 5 times | Published | United States Bankruptcy Court, M.D. Florida | 31 U.C.C. Rep. Serv. (West) 1744, 1981 Bankr. LEXIS 3511
...However, the Court is aware of several decisions in various federal courts which at least imply that the proper result would be obtained by choosing option (b) above. In Mission Bay Campland, Inc. v. Sumner Financial Corp., 71 F.R.D. 432 (M.D.Fla.1976), the court held that Section 56.29, Florida Statutes (1969), providing for supplementary proceedings in aid of execution was applicable to federal court judgment enforcement....
...its of execution had been docketed with the United States Marshal. The court noted that one of the two jurisdictional prerequisites for post-judgment supplementary proceedings in Florida was that a writ of execution be returned unsatisfied. However, Section 56.29, Florida Statutes, refers to writs of execution held by "any sheriff" and is silent with respect to writs of execution held by a federal marshal....
CopyCited 5 times | Published | Florida 2nd District Court of Appeal | 1988 WL 54545
...dgment. After the hearing, the trial court entered the orders being appealed from. We first deal with the denial of appellant's motion to compel discovery. A judgment creditor should be allowed broad discovery into the debtor's finances, pursuant to section 56.29(4), Fla....
...However, we do agree with the trial court's rulings insofar as they prohibited discovery into the separate income and assets of Hull's wife, individually, until a proper predicate has been shown. See Rose Printing Co. v. D'Amato,
338 So.2d 212 (Fla.3d DCA 1976). See also §
56.29(6), Fla....
CopyCited 5 times | Published | Florida 4th District Court of Appeal | 11 Fla. L. Weekly 1527
...Appellant, the successful plaintiff in a personal injury action against appellees Aaron and her insurance company, Allstate, appeals the dismissal with prejudice of his impleader complaint against the attorneys who represented Aaron in that action, and the dismissal of his petition for proceedings supplementary pursuant to section 56.29, Florida Statutes (1983), for collection of the outstanding $12 million judgment he has against Aaron....
...rsonal nature of legal services involving highly confidential relationships) and Puzzo v. Ray,
386 So.2d 49 (Fla. 4th DCA 1980) (holding a mere right of action for a personal tort is not property which can be reached by a creditor's suit pursuant to section
56.29, Florida Statutes)....
CopyCited 5 times | Published | Florida 4th District Court of Appeal
...We find that the trial court erred in
denying the judgment creditor’s request for proceedings supplementary,
but that the trial court properly refused to issue Notices to Appear to the
proposed impleader defendants where the judgment creditor’s motion and
affidavit did not satisfy the description requirement of section 56.29(2),
Florida Statutes (2016). However, our affirmance on the impleader issue
is without prejudice to the judgment creditor submitting a supplemental
affidavit in compliance with section 56.29(2).
Facts
In 2011, the judgment creditor obtained a final judgment against the
judgment debtor, Associated Limousine Services, Inc., in the amount of
$623,370.05.
On June 29, 2016, the judgment creditor filed a Motion for P...
...The judgment debtor did not file any response to the judgment
creditor’s motion for proceedings supplementary. However, the impleader
2
defendants moved to dismiss, arguing that the judgment creditor failed to
comply with section 56.29, Florida Statutes (2016).
Following a hearing, the trial court denied the judgment creditor’s
motion in its entirety. The court found, in relevant part, that the judgment
creditor did not comply with section 56.29(2), Florida Statutes (2016), as
the judgment creditor’s motion and affidavit failed to describe any property
whatsoever of the judgment debtor in the hands of the impleaders or any
property, debt, or other obligation due to the judgment debtor which may
be applied toward the satisfaction of the judgment....
...1 The judgment creditor
appealed.
Standard of Review
Where a trial court’s ruling on a motion for proceedings supplementary
presents an issue of law, the standard of review is de novo. Sargeant v.
Al-Saleh,
137 So. 3d 432, 434 (Fla. 4th DCA 2014).
Background on Proceedings Supplementary
Section
56.29, Florida Statutes (2016), governs proceedings
supplementary, which allow for a judgment creditor “to ferret out what
assets the judgment debtor may have or what property of his others may
be holding for him, or may have received from...
...bill.” Regent Bank v. Woodcox,
636 So. 2d 885, 886 (Fla. 4th DCA 1994).
Judges thus have the power and duty “to bring in and implead third
parties wherever it appears relief against them may be warranted.”
1In the order, the trial court first determined that section
56.29, as amended on
July 1, 2016, was a procedural statute that would be applied retroactively to the
case, even though the judgment creditor’s motion was filed on June 29, 2016.
The judgment creditor does not challenge this ruling on appeal.
3
Richard v. McNair,
164 So. 836, 840 (Fla. 1935). However, “an order
allowing impleader of third parties under section
56.29 does no more than
allow third parties to be sued, and does not determine any substantive
rights.” NTS Fort Lauderdale Office Joint Venture v. Serchay,
710 So. 2d
1027, 1028 (Fla. 4th DCA 1998).
Section
56.29, as amended effective July 1, 2016, now states in relevant
part:
(1) When any judgment creditor holds an unsatisfied
judgment or judgment lien obtained under chapter 55, the
judgment creditor may file a motion and an...
...a jury trial
as provided in s.
56.18. . . . A responding affidavit must raise
any fact or defense opposing application of the property
described in the Notice to Appear to satisfy the judgment,
including legal defenses . . .
§
56.29(1), (2), Fla. Stat. (2016) (emphasis added).
4
The 2016 amendment left section
56.29(1) largely unchanged, but
substantially amended section
56.29(2) in order to clarify the procedure
for bringing non-parties into proceedings supplementary....
...2016-
33, § 19, Laws of Fla.
Whether the Trial Court Erred in Denying Proceedings
Supplementary?
On appeal, the judgment creditor first argues that the trial court erred
in denying proceedings supplementary to execution where he filed a
motion and affidavit that fully complied with section
56.29(1). We agree.
To initiate proceedings supplementary, section
56.29(1) “requires that
the judgment creditor have an unsatisfied judgment and file an affidavit
averring that the judgment is valid and outstanding.” Fundamental Long
Term Care Holdings, LLC v. Estate of Jackson ex rel. Jackson-Platts,
110
So. 3d 6, 8 (Fla. 2d DCA 2012). When a judgment creditor holds an
unsatisfied judgment and files a motion and affidavit in compliance with
section
56.29(1), “the judgment creditor is entitled to these proceedings
supplementary to execution.” §
56.29(1), Fla....
...the motion.” Biloxi Casino Corp. v. Wolf,
900 So. 2d 734 (Fla. 4th DCA
2005).
Here, the trial court erred in denying the judgment creditor’s request
for proceedings supplementary. The judgment creditor’s motion and
affidavit satisfied the requirements of section
56.29(1), so the judgment
creditor was entitled to proceedings supplementary. The trial court’s
ruling was based on section
56.29(2), but that provision governs the
process for bringing third parties into proceedings supplementary. The
judgment creditor’s entitlement to proceedings supplementary is a
separate issue from whether the judgment creditor complied with section
56.29(2)’s procedure for impleading third parties into the proceedings.
Notably, under section
56.29(2), the required description of “any
property of the judgment debtor ....
...This provision contemplates that
proceedings supplementary may be commenced, and discovery may occur,
before the impleader of third parties.
5
In short, because the judgment creditor submitted a motion and
affidavit in compliance with section 56.29(1), the trial court erred in
denying proceedings supplementary altogether.
Whether the Trial Court Erred in Denying Impleader of Third
Parties?
The judgment creditor next argues that the trial court erred in denying
the impleader of third parties. We disagree, but our affirmance on this
issue is without prejudice to the judgment creditor submitting a
supplemental affidavit in compliance with section 56.29(2).
As noted above, section 56.29(2) governs the process of impleading
third parties into proceedings supplementary. The plain language of
section 56.29(2) requires that a judgment creditor “describe any property
of the judgment debtor not exempt from execution in the hands of any
person or any property, debt, or other obligation due to the judgment
debtor which may be applied toward the satisfaction of the judgment.” §
56.29(2), Fla....
...Stat. (2016). Moreover, when a trial court issues a Notice to
Appear to a third party, the Notice to Appear “must describe with
reasonable particularity the property, debt, or other obligation that may
be available to satisfy the judgment . . . .” § 56.29(2), Fla. Stat. (2016).
Simply put, the entire statutory scheme of section 56.29(2)
contemplates that the judgment creditor describe “any property of the
judgment debtor” or “any property, debt, or other obligation due to the
judgment debtor” that may be applied to satisfy the judgment, so as to
enable the t...
...ribe the property,
debt, or other obligation “with reasonable particularity.”
Here, the trial court properly refused to issue Notices to Appear to the
impleader defendants. The judgment creditor’s motion and affidavit failed
to comply with section 56.29(2)’s requirement to “describe any property of
the judgment debtor not exempt from execution in the hands of any person
or any property, debt, or other obligation due to the judgment debtor which
may be applied toward the satisfaction of the judgment.” Thus, the
judgment creditor failed to meet the statutory prerequisite for the trial
court to issue Notices to Appear to the impleader defendants.
The judgment creditor complains that the trial court should have given
section 56.29 a liberal construction. This argument is unpersuasive.
While it is true that section 56.29 is a remedial statute, the rule of liberal
construction “comes into play only when there is some ambiguity in the
6
statutory text.” Gallagher v....
...“When the statute is clear and unambiguous, courts will not
look behind the statute’s plain language for legislative intent or resort to
rules of statutory construction to ascertain intent.” Daniels v. Fla. Dep’t
of Health,
898 So. 2d 61, 64 (Fla. 2005). Here, the description requirement
in section
56.29(2) is clear and unambiguous....
...Indeed, while the judgment
creditor urges us to adopt a liberal interpretation of the statute, he fails to
explain what such an interpretation might be, apart from simply ignoring
the plain language of the statute.
To be sure, we have some practical concerns with the 2016 amendment
to section
56.29(2), but those concerns do not change our conclusion.
Although the current statutory scheme set forth in section
56.29(2) is well-
suited to fraudulent transfer cases, it is unclear if the legislature
contemplated cases involving alter ego liability.
Before the 2016 amendment to section
56.29, Florida case law
permitted a judgment creditor to implead third parties into proceedings
supplementary based on a showing that the third parties were the alter
egos of the judgment debtor. See, e.g., Johnson v. Merry Go Round, Inc.,
45 So. 2d 181 (Fla. 1950). For example, applying an earlier version of
section
56.29, we explained that “a court may fashion an appropriate
equitable remedy to afford a judgment creditor as complete relief as
possible including finding a new corporation liable for a judgment against
its predecessor corporation when th...
...dulent transfer of the
7
judgment debtor’s property, but is instead premised on the notion that the
judgment debtor and third party should be treated as the same entity.
Still, the description requirement in section 56.29(2) is a clear requirement
of the statute, and the judgment debtor failed to satisfy that requirement
in this case.
Based on the foregoing, we affirm the trial court’s order to the extent
that the trial court refused to issue Notices to Appear to the impleader
defendants. However, our affirmance on this issue is without prejudice to
the judgment creditor inquiring further into the assets of the judgment
debtor and submitting a supplemental affidavit in compliance with section
56.29(2).
Furthermore, to provide clarity on remand, we conclude that in cases
alleging alter ego liability, the description requirement of section 56.29(2)
is satisfied if the judgment creditor describes any property of an alter ego
of the judgment debtor not exempt from execution in the hands of any
person, or any property, debt, or other obligation due to an alter ego of the
judgment...
...Contrary to the impleader defendants’ suggestion, the judgment
creditor’s affidavit does not need to identify property that had been
transferred to the impleader defendants. Because a judgment debtor and
an alter ego are treated as the same entity, we find that section 56.29(2)’s
required description of “any property of the judgment debtor ....
...Because we are
reversing in part and remanding for further proceedings, we find this issue to be
moot. See Hamilton v. Ford Motor Co.,
936 So. 2d 1203, 1207 (Fla. 4th DCA 2006)
8
to the judgment creditor submitting a supplemental affidavit in
compliance with section
56.29(2)....
CopyCited 5 times | Published | Florida 1st District Court of Appeal | 12 Fla. L. Weekly 2058
...On an earlier appeal, this court reversed that portion of the order exonerating the wife but otherwise left the judgment intact. Whigham v. Muehl,
500 So.2d 1374 (Fla. 1st DCA 1987). [1] During the pendency of the earlier appeal, appellant instituted supplementary proceedings under Section
56.29, Florida *718 Statutes....
...There is no identity of causes of action, one of the identities necessary for the application of res judicata. See, e.g., Albrecht v. State,
444 So.2d 8 (Fla. 1984). Neither is there any procedural bar to consideration of the claim of an equitable lien in a Section
56.29 supplementary proceeding....
...SHIVERS and BARFIELD, JJ., concur. NOTES [1] The facts and circumstances surrounding the underlying claims are fully set out in Judge Joanos' opinion in the first appeal. [2] No question was raised in the trial court or here concerning the right of appellant to institute a Section 56.29 supplementary proceeding during the pendency of the appeal from the underlying judgment.
CopyCited 5 times | Published | Supreme Court of Florida | 17 Fla. L. Weekly Supp. 259, 1992 Fla. LEXIS 827, 1992 WL 85080
...Williams (Williams) obtained a final judgment against John D. Brown (Brown) and Beth M. House (House) in excess of $4 million. [1] After obtaining a writ of execution, Williams filed a motion for proceedings supplementary and sought the appointment of a special master in accordance with the provisions of section 56.29(11), Florida Statutes (1989)....
...under oath, that the third-party defendants hold assets that are subject to the creditor's claim. In the instant case, the Fifth District rejected that position, receded from its prior decisions following Ehmann, and stated that there is nothing in section 56.29 which requires a judgment creditor to be examined by the court....
...We agree entirely with the Fifth District's majority opinion in this case. We note that the judgment debtor had a full opportunity to be heard before the order to show cause was entered. Clearly, the procedure followed by Williams was in accordance with the rules of civil procedure. Furthermore, the provisions of section 56.29 have not been violated in any respect....
CopyCited 5 times | Published | Florida 4th District Court of Appeal | 2017 WL 1363963, 2017 Fla. App. LEXIS 5064
...1st DCA 2003); see also Klein v. Layne, Inc. of Fla.,
453 So.2d 203, 204 (Fla. 4th DCA 1984). Florida statutory and case law holds that impleaded defendants cannot be liable for attorney’s fees and costs in proceedings supplementary. At the time of the proceedings below, section
56.29, Florida Statutes, which governs proceedings supplementary, stated that “[cjosts for proceedings supplementary shall be taxed against the defendant .... Reasonable attorney’s fees may be taxed against the defendant.” §
56.29(11), Fla....
...2d DCA 2008); Gaedeke Holdings, Ltd. v. Mortg. Consultants, Inc.,
877 So.2d 824, 826 (Fla. 4th DCA 2004); Dusoe v. Securis Int’l, Inc.,
672 So.2d 89, 90 (Fla. 1st DCA 1996); Rosenfeld v. TPI Int’l Airways, 630 *
651 So.2d 1167, 1169 (Fla. 4th DCA 1993); see also §
56.29(11), Fla....
...Our 1993 interpretation of the proceedings supplementary statute was prescient, as the statute was revised in 2016 to state: "Costs for proceedings supplementary shall be taxed against the judgment debtor .... Reasonable attorney fees may be taxed against the judgment debtor.” § 56.29(8), Fla....
CopyCited 4 times | Published | Florida 3rd District Court of Appeal
...upon any investigation or proceeding." Clearly, this wording embraces the use of testimony in a proceeding (use immunity) and its fruits in any investigation (derivative use). Novo places great reliance upon Compton v. Societe Eurosuisse, S.A. supra. In that case, a federal judge declared unconstitutional Florida Statute 56.29(8), because it merely used the language "in any criminal proceeding"....
CopyCited 4 times | Published | Florida 3rd District Court of Appeal | 2010 Fla. App. LEXIS 6140, 2010 WL 1779903
...uld market and sell the condominium units. Wavestone later terminated that agreement. After a bench trial, the court found Wavestone had breached the contract. The court awarded $1,509,899 in damages. Fortune initiated proceedings supplementary. See § 56.29, Fla....
...three stories and 147 units. In March 2007, the trial court entered judgment against Wavestone, and in favor of Fortune, for $1,509,889 for breach of the Fortune Agreement. [1] Thereafter Fortune initiated proceedings supplementary to execution. See § 56.29, Fla....
CopyCited 4 times | Published | Florida 4th District Court of Appeal | 2014 WL 836755, 2014 Fla. App. LEXIS 2982
...Following a jury verdict of $28.8 million, the trial court entered judgment against the debtors and we affirmed. Sargeant v. Al-Saleh,
120 So.3d 86, 87-88 (Fla. 4th DCA 2013). The creditor filed a motion for proceedings supplementary to execution pursuant to section
56.29, Florida Statutes (2012)....
...The creditor counters that the trial court had the authority to compel the turnover of the stock certificates by virtue of its in personam jurisdiction over the debtors. We disagree and reverse. While we recognize that the trial court has discretion in supplementary proceedings brought pursuant to section
56.29, Florida Statutes, see Donan v. Dolce Vita Sa, Inc.,
992 So.2d 859, 861 (Fla. 4th DCA 2008), this case presents issues of law, which we review de novo, see Sanchez v. Renda Broad. Corp.,
127 So.3d 627, 628 (Fla. 5th DCA 2013). Section
56.29(5) provides that “[t]he judge may order any property of the judgment debtor, not exempt from execution, in the hands of any person or due to the judgment debtor to be applied toward the satisfaction of the judgment debt.” §
56.29(5), Fla. Stat. (2012). Section
56.29(9) further provides that “[t]he court may enter any orders required to carry out the purpose of this section to subject property or property rights of any defendant to execution.” §
56.29(9), Fla....
...Id., 883 N.Y.S.2d 763 , 911 N.E.2d at 829-31 . We find Koehler distinguishable because the trial court in Koehler had personal jurisdiction over the bank holding the foreign assets. Furthermore, unlike Koehler, the order in this case is governed by section 56.29, Florida Statutes. Though we recognize that section 56.29 does not contain any express territorial limitation on the court’s ability to order a judgment debtor to transfer money or property into the State of Florida, we find that the Koehler decision turned on a broad reading of the applicable New York statute and we decline to follow it here....
CopyCited 4 times | Published | District Court, S.D. Florida | 1981 Bankr. LEXIS 4716
...283A, 284A, 289A, 292A). Execution was returned nulla bona in May. (C.P. No. 305A). B.R. 769 authorizes supplementary proceedings in aid of a judgment "in accordance with the practice and procedure of the state in which the district court is held." Section 56.29, Florida Statutes, governs that procedure in this State. Under authority of subsection 56.29(6)(b), the judgment creditor, Kassuba, has filed a complaint in this court against the judgment debtor, Hemmerle, Sr., and Hemmerle Development Corp., a Florida corporation, which was not a party to the original litigation....
CopyCited 4 times | Published | United States Bankruptcy Court, M.D. Florida | 6 Fla. L. Weekly Fed. B 169, 1992 Bankr. LEXIS 1186, 1992 WL 166062
...The appeal is currently pending before the Second District Court of Appeals of the State of Florida. Since no stay pending the appeal was granted, Kolody proceeded to attempt to enforce and collect his judgment and instituted a supplementary proceeding pursuant to Fla.Stat. § 56.29....
CopyCited 4 times | Published | Florida 4th District Court of Appeal
...upon which the trial court could base an order acquiring personal jurisdiction over him. Appellees contend that what occurred in the trial court was "part of the proceedings supplementary begun against Neff and his partners," presumably pursuant to section 56.29, Florida Statutes (1979). [3] Regarding that section, Judge Scott, in Mission Bay Campland, Inc. v. Sumner Financial Corp., 71 F.R.D. 432, 434-435 (M.D.Fla. 1976), eruditely stated: Under the decisional law interpreting and applying the provisions of Florida Statutes Sec. 56.29, there are two jurisdictional prerequisites for supplementary, postjudgment proceedings: (1) a returned and unsatisfied writ of execution; and (2) an affidavit averring that the writ is valid and unsatisfied, along with a list of third persons to be impled....
...Delwood Estates, Inc.,
315 So.2d 237 (Fla. 1st DCA 1975). *1244 See also Dublin Company v. Peninsular Supply Co.,
309 So.2d 207 (Fla. 4th DCA 1975). (Emphasis added). See also Wynn v. Aetna Life Insurance Co.,
400 So.2d 144 (Fla. 1st DCA 1981). We believe section
56.29 must be read in pari materia with section
48.193....
...The required jurat would have been the certificate of the notary public, before whom the affidavit was sworn, that it was sworn before him. See again sections
92.50 and
92.51 as well as 5 Bigham, Tennessee Practice § 1115. The difference between swearing to the truth and acknowledging execution is patent. [3] Section
56.29 provides in part: (1) When any sheriff holds an unsatisfied execution, the plaintiff in execution may file an affidavit so stating and that the execution is valid and outstanding and thereupon is entitled to these proceedings supplementary to execution....
CopyCited 4 times | Published | Florida 2nd District Court of Appeal | 1977 Fla. App. LEXIS 14974
...Artabasy and Phyllis Artabasy joined Art Advertising in an appeal from this order. We are compelled to reverse because the joint accounts of Mr. and Mrs. Artabasy are being subjected to levy by virtue of a proceeding in which neither of them has ever been joined as parties. Section 56.29, Florida Statutes (1975), specifically authorizes the court to require Mr....
CopyCited 4 times | Published | Florida 3rd District Court of Appeal | 1992 WL 34671
...February 25, 1992. Alfred Aronovitz and Derek C. Aronovitz, Miami, for appellant. Sidney L. Syna, Miami, for appellee. Before JORGENSON, COPE and GODERICH, JJ. COPE, Judge. Teresa Patterson appeals an order impleading her in proceedings supplementary under section 56.29, Florida Statutes (1989)....
...To the extent that Patterson appeals on venue grounds, we affirm. The *332 underlying action was litigated to conclusion in Dade County. Execution having been returned unsatisfied, the plaintiff-judgment creditor initiated supplementary proceedings in Dade County pursuant to section 56.29....
..." Order at 4, para. 6. As Patterson resides in Clay County, her objection is well taken. After plaintiff Venne initiated proceedings supplementary, the matter was referred to a master, who recommended that plaintiff be granted leave to proceed under section 56.29....
...5th DCA 1991) (Florida Rules of Civil Procedure apply to post-judgment proceedings), and the order does not prevent Patterson's availing herself of appropriate procedures to prepare her case. Affirmed as to venue, certiorari granted. [4] NOTES [1] No examination of Patterson was made under subsection 56.29(2), as that subsection creates a procedure for plaintiff to examine the original defendant-judgment debtor (not the proposed impleader defendant) about the existence and location of defendant's assets. [2] The same restriction on place of examination applies to the defendant-judgment debtor. See § 56.29(2), Fla....
...[3] The court may set a hearing subsequent to the time in which Patterson is required to respond, but the court may not compel her appearance at the hearing. [4] In Machado v. Foreign Trade, Inc.,
544 So.2d 1061 (Fla. 3d DCA 1989), this court analogized the procedure under section
56.29 to third party practice under the Rules of Civil Procedure. Id. at 1062. That reference was intended to be an illustration only. Under section
56.29 the plaintiff-judgment creditor joins a third party as an additional defendant....
CopyCited 4 times | Published | Florida 5th District Court of Appeal | 2010 Fla. App. LEXIS 20134, 2010 WL 5391523
...of Paulshock in the amount of $125,000.00. Paulshock thereafter filed a verified motion for "Proceeding Supplementary and Impleader of Third Party Defendants." The motion requested that the trial court commence a proceeding supplementary pursuant to section 56.29 of the Florida Statutes (2009), and implead Pollizzi, Forensky, and Wynn as third-party defendants to the underlying lawsuit against DAA....
...notice of the charges and allegations and with an opportunity to present his own case). The third-party defendants next argue that the trial court's money judgment must be reversed because it improperly exceeds the authority granted the court under section 56.29 of the Florida Statutes. We again disagree. Section 56.29 of the Florida Statutes provides, in relevant part: 56.29....
...r due to the judgment debtor to be applied toward the satisfaction of the judgment debt. * * * (9) The court may enter any orders required to carry out the purpose of this section to subject property or property rights of any defendant to execution. § 56.29(5)(9), Fla. Stat. (2009). The Florida courts have consistently held that section 56.29 must be given a liberal construction in order to afford a judgment creditor the most complete relief possible....
...ction simply to subject goods in hands of third party to unsatisfied writ of execution). The third-party defendants lastly claim that the trial court's order must be reversed because "there exists no basis for joint and several liability." We agree. Section 56.29 of the Florida Statutes provides that, in proceedings supplementary, the trial court may order any property of the judgment debtor in the hands of another person to be applied to the judgment debt....
CopyCited 4 times | Published | Florida 2nd District Court of Appeal | 2016 Fla. App. LEXIS 6559, 2016 WL 1718865
...Sharon King obtained a default judgment against Deluca Ladd' & Carroll (DLC) for breach of contract. The Deluca and Ladd parties were not parties to the original suit. King subsequently filed a motion seeking to initiate proceedings supplementary under section 56.29, Florida Statutes (2014), and to implead the Deluca and Ladd parties. The trial court granted the motion in an order which provided: “This Order shall be served upon Implead-ed Defendants in accordance with Fla. Stat. § 56.29 (3).” The order also directed the Deluca and Ladd parties to show cause why they should not be held liable under the judgment....
....540(b), arguing that the judgment was void because they had not been personally served with the order to show cause. The trial court held a hearing on the motion, in which King argued that she had properly served the Deluca and Ladd parties because section 56.29(3) authorized service by mail on parties to be impleaded....
...2d DCA 1998) (“A judgment entered against a defendant without. service of process is void and can be attacked on motion at any time.”); Falkner v. Amerifirst Fed. Sav. & Loan Ass’n, 489 So.2d .758, 759 (Fla. 3d DCA 1986) (“A judgment entered without due service of process is void.”). Section 56.29, Florida Statutes (2014), entitled “Proceedings supplementary,” provides “a speedy and direct means for ‘the holder of a valid -and outstanding execution to ferret out what assets the judgment debtor may .have •......
...The statute is designed “to avoid the necessity of the judgment creditor initiating an entirely separate action for a creditor’s bill.” Fundamental Long Term Care Holdings,
110 So.3d at 8 (quoting . Regent Bank v. Woodcox,
636 So.2d 885, 886 (Fla. 4th DCA 1994)). - To initiate supplemental proceedings under section
56.29, a creditor must file an affidavit or motion that contains the specified information under the statute....
...“shall be served in a reasonable time before the date' of the examination in the manner provided for service of summons or may be served on such defendant or his or her attorney as provided for service of papers in the rules of civil procedure.” § 56.29(2)....
...unless .[they] have been first fully impleaded and brought into the ease as actual parties to the proceeding, and, as such, given an opportunity to fully and fairly present their claims as parties. Id. (alteration in original) (quoting State ex rel. Phoenix Tax Title Corp. v. Viney,
120 Fla. 657 ,
163 So. 57, 60 (1935)). Section
56.29 does not alleviate the requirement that a trial court have jurisdiction over an impleaded party....
...en v. East-European Ins. Co.,
921 So.2d 587, 591 (Fla.2006) (“Service of process is the means of notifying a party of a legal claim and, when accomplished, enables the court to exercise jurisdiction over the defendant and proceed to judgment.”). Section
56.29(3) does not authorize service by mail of a party that has yet to be impleaded or joined into the proceedings....
...Fundamental Long Term Care Holdings,
110 So.3d 6 , was misplaced. The manner of service was never at issue in that case as it was undisputed that “the new defendants were personally served with a copy of the order to show cause, as provided for in section
56.29(3).” Id....
CopyCited 4 times | Published | Florida 3rd District Court of Appeal | 2003 WL 1720139
...they now hold against any proceeds which may become due in the appellees' favor in the latter's suit against Vilma Schueg Ramirez de Arellano. The trial court denied the appellants' motion and that order forms the basis of the present appeal. *1000 Section 56.29(5), Florida Statutes (2000), governs proceedings supplementary to execution, and provides that: The judge may order any property of the judgment debtor, not exempt from execution, in the hands of any person or due to the judgment debtor to be applied toward the satisfaction of the judgment debt....
...Likewise, the trust language precludes the appellants, as judgment creditors, from attaching the appellees' interest to satisfy any outstanding debt. Therefore, the income derived from the trust is exempt from an execution of judgment and falls outside the purview of section 56.29(5)....
CopyCited 4 times | Published | Florida 3rd District Court of Appeal | 1981 Fla. App. LEXIS 19208
...Levy and Henry Lopez-Aguiar, Miami, for appellant. Joseph A. McGowan, Miami, for appellees. Before NESBITT, BASKIN and DANIEL S. PEARSON, JJ. BASKIN, Judge. Continental Cigar Corporation appeals [1] a summary judgment entered in proceedings supplementary to execution pursuant to section 56.29, Florida Statutes (1977)....
...*958 Appellant argues that the trademark and logo are not amenable to execution and therefore cannot be the subject of an unsatisfied execution without which, it contends, supplementary proceedings may not be instituted. Appellant has misinterpreted section 56.29(1), Florida Statutes (1977)....
...It states: When any sheriff holds an unsatisfied execution, the plaintiff in execution may file an affidavit so stating and that the execution is valid and outstanding and thereupon is entitled to the proceedings supplementary to execution. It is quite clear that section 56.29 requires only the filing of an affidavit showing a valid unsatisfied writ of execution on any assets prior to instituting supplementary proceedings....
CopyCited 3 times | Published | United States Bankruptcy Court, M.D. Florida | 18 Fla. L. Weekly Fed. B 436, 2005 Bankr. LEXIS 2129, 2005 WL 2483338
...t transfer. Accordingly, the Court finds the above filings did not occur within one year of when the transfers of the PPC Facility and the North Carolina Realty were or could reasonably have been discovered by Doughty. Application of Florida Statute §
56.29 The Court now considers Trustee's alternative argument that the twenty year limitation period under Florida Statute §
56.29 is the applicable limitations period. The Court finds that neither of the two jurisdictional prerequisites for supplementary proceedings under Fla. Stat. §
56.29 have been satisfied. There is no record evidence that an unsatisfied writ of execution was delivered to a Florida sheriff or an affidavit averring that the writ is valid and unsatisfied. See Fla. Stat. §
56.29(1); General Trading, Inc. v. Yale Materials Handling Corp.,
119 F.3d 1485, 1496 (11th Cir.1997). From the clear language of the statute itself as well as case law it is clear that these requirements are a prerequisite to bringing proceedings supplementary under §
56.29. Bleidt v. Lobato,
664 So.2d 1074, 1075 (Fla. 5th DCA 1995) (judgment creditor must hold a writ of execution which remains unsatisfied). Additionally, §
56.29 does not create substantive rights of recovery nor provide a basis for entry of a money judgment. Proceedings supplementary through §
56.29 are a procedural mechanism that provide a judgment creditor with means to investigate assets of the judgment debtor that might be used to satisfy a judgment. Conrad v. McMechen,
338 So.2d 1306, 1307 (Fla. 4th DCA 1976). Thus, while proceedings supplementary in general may be commenced during the twenty year life of a judgment, §
56.29 does not extend or create new the statute of limitations for a fraudulent transfer to twenty years....
...The applicable limitation for fraudulent transfer actions is contained in Fla. Stat. §
726.110. Real Estate Corp. of Florida v. Dawn Developers, Inc.,
644 So.2d 145 (Fla. 5th DCA 1994). Based upon the above, the Trustee cannot use Florida Statute §
56.29 as an alternative basis to set aside the transfers of the PPC Facility and the North Carolina Realty....
CopyCited 3 times | Published | Florida 4th District Court of Appeal | 1991 WL 174662
...In due course, appellees served motions on appellants that sought the sale of the various properties which had been fraudulently mortgaged or transferred to appellants. Appellants responded by motion to dismiss, objecting to the jurisdiction of the court because of the failure to comply with the requirements of section 56.29, Florida Statutes (1987), specifically by failing to state that an attempt had been made to levy the writ of execution on property of the judgment debtor and that the writ had been returned unsatisfied....
...After a five-day trial, the jury *1101 returned a verdict in favor of appellees, finding that the mortgages and property conveyances were fraudulent attempts to insulate the property from execution. The sole appellate question presented is whether section 56.29(1), Florida Statutes (1987) requires a plaintiff in execution to file an affidavit stating that the judgment creditor has attempted to levy a writ of execution and that the sheriff has returned the writ unsatisfied....
...Under the predecessor statute, section 55.52, Florida Statutes (1961), the judgment creditor was required to have the writ of execution returned unsatisfied before he could invoke the remedy of supplementary proceedings. This requirement was eliminated in 1967 by the repeal of that statute and the enactment of section 56.29. Section 56.29(1), Florida Statutes (1987) provides that a plaintiff in execution is entitled to supplementary proceedings "when any sheriff holds an unsatisfied execution" and the plaintiff in execution "files an affidavit so stating and that the execution is valid and outstanding." (Emphasis added)....
...defective allegations in the pleadings. In the course of the opinion, in dicta, this court quoted from a federal district court case [1] that repeated the old requirements of section 55.52 even though the court was discussing *1102 the newly enacted section 56.29....
...The cited federal case also relied heavily upon the Tomayko case for its conclusion relative to the conditions precedent for supplementary proceedings. Suffice to say regarding appellants' authorities that we are satisfied they do not contain a proper interpretation of section
56.29(1), Florida Statutes (1987), involved herein. Our conclusion is supported by a Third District Court of Appeal decision in Continental Cigar Corp. v. Edelman & Co.,
397 So.2d 957 (Fla. 3d DCA 1981), wherein the court, in pointing out the correct interpretation of section
56.29, stated: It is quite clear that section
56.29 requires only the filing of an affidavit showing a valid unsatisfied writ of execution on any assets prior to instituting supplementary proceedings. Id. at 958. Next, we would cite Trawick, Florida Practice and Procedure, § 27-9, note 7 (1990). The author, in discussing the procedure that should be followed under section
56.29, pauses in a footnote to say that the decision in Wieczoreck v....
...s Manual, Ch. 8, p. 31, (D & S 1988), it is stated: 1. Sheriff Must Hold An Unsatisfied Execution Before a creditor can bring supplementary proceedings he must have obtained a judgment and delivered the execution issued upon it to a Florida sheriff. § 56.29(1) provides that a plaintiff in execution is entitled to utilize proceedings supplementary to execution when any sheriff holds an unsatisfied writ of execution....
...The requirement that the writ of execution be returned to the clerk of the circuit court was eliminated in 1967. To reiterate, we believe the foregoing authorities support appellees' view of the law on the appellate question presented. Furthermore, the record demonstrates that appellees substantially complied with section 56.29(1), Florida Statutes (1987), and that appellants, as well as the Luskins, received a full measure of due process....
CopyCited 3 times | Published | Florida 5th District Court of Appeal | 1994 WL 576103
...No appearance for appellee Dawn Developers, Inc. PETERSON, Judge. The issue for determination in this appeal is the time within which an appeal must be taken when a trial court denies a motion to interplead third parties in proceedings supplementary pursuant to section 56.29, Florida Statutes (1993)....
CopyCited 3 times | Published | United States Bankruptcy Court, M.D. Florida | 18 Fla. L. Weekly Fed. B 459, 2005 Bankr. LEXIS 2057, 45 Bankr. Ct. Dec. (CRR) 165, 2005 WL 2739111
...editor holding a $17.4 million claim plus attorneys' fees and pre-petition accrued interest. [7] The Florida Collection Proceedings Prior to these bankruptcy cases, Wachter had filed proceedings supplementary in Pinellas County, Florida, pursuant to Section 56.29, Florida Statutes, to collect on the Arizona judgment....
CopyCited 3 times | Published | Florida 4th District Court of Appeal
...District Court of Appeal of Florida, Fourth District. November 5, 1976. Wilfred H. Conrad, pro se. No appearance for appellee. DOWNEY, Judge. After obtaining a judgment against appellant and return of an execution unsatisfied, *1307 appellee obtained an order (dated August 3, 1976) pursuant to Section 56.29, Florida Statutes (1975), requiring appellant to appear at a time certain before a Circuit Judge in Rockledge, Brevard County, Florida, to be examined concerning his property and financial affairs....
...Supplementary proceedings are a creature of statute to aid a judgment creditor in discovering assets of the debtor which might be appropriated to satisfy the judgment. South Florida Trust Co. v. Miami Coliseum Corp.,
101 Fla. 1351,
133 So. 334 (1931). Section
56.29(2), Florida Statutes (1975), expressly provides that the defendant in execution appear before the court or a master at a time and place specified in the county of the defendant's residence....
...Of course before instituting supplementary proceedings, appellee could have sought discovery pursuant to Fla.R.Civ.P. 1.560 without necessarily being restricted to the county of appellant's residence. However, this proceeding was initiated pursuant to the provisions of Section 56.29, Florida Statutes (1975); appellee therefore must comply with those provisions....
CopyCited 3 times | Published | Supreme Court of Florida
...We also renumber form 1.914 (Execution) to 1.914(a), and adopt new forms
1.914(b) (Notice to Appear) and 1.914(c) (Affidavit of Claimant in Response to
Notice to Appear), as proposed by the Committee. New form 1.914(b) is adopted
in response to 2016 amendments to section 56.29(2), Florida Statutes, which
require a court in some circumstances to issue a “Notice to Appear” to a judgment
debtor, as defined in that section, or third-party holder of the judgment debtor’s
property. Ch. 2016-33, § 18, at 6-7, Laws of Fla. Additionally, new form 1.914(c)
is adopted for use as the affidavit that a claimant of property is required to file with
the court in response to a Notice to Appear under section 56.29(2), Florida Statutes
(2017).
-3-
Accordingly, the Florida Rules of Civil Procedure and Forms are amended
as reflected in the appendix to this opinion....
...As Deputy Clerk
FORM 1.914(b). NOTICE TO APPEAR
NOTICE TO APPEAR
TO …..(name of third party).....
YOU ARE NOTIFIED that, pursuant to section 56.29, Florida Statutes, proceedings
supplementary to satisfy a judgment by application of the following:.....(identify the property, debt,
or other obligation due to the judgment debtor)........
...The description of the property to be levied on has to be made
general so it encompasses all property subject to execution under section
56.061, Florida Statutes
(1979).
2018 Adoption. Form 1.914(c) is used by a claimant to respond to a Notice to Appear
under section
56.29(2), Florida Statutes....
CopyCited 3 times | Published | Florida 4th District Court of Appeal | 2004 WL 1505999
...Olinick denied all of the requests for admission. At the trial, the trial court held that there were fraudulent transfers. A final judgment was entered against Nier and Olinick on August 22, 2003. Gaedeke then sought to recover attorneys' fees and costs under section 56.29(11), Florida Statutes, from Nier and Olinick based on the collection of the judgment against Mortgage Consultants....
...ff is not entitled to an award of attorneys' fees in any supplemental proceedings against either Randy Nier or Scott Olinick. This includes the $40,643.52 sought in the Plaintiff's March 6, 2003 Motion on Taxation of Costs and Attorney Fees, ... See § 56.29 Fla....
...Gaedeke first challenges the trial court's ruling that, as a matter of law, Gaedeke is not permitted to recover attorneys' fees and costs for supplemental proceedings against Nier and Olinick. We find no error in this ruling. Gaedeke moved for fees and costs against the impled defendants under section 56.29(11), which provides: Costs for proceedings supplementary shall be taxed against the defendant as well as all other incidental costs determined to be reasonable and just by the court including, but not limited to, docketing the execution, sheriff's service fees, and court reporter's fees....
...[W]e believe an analysis of chapter 56 demonstrates that attorney's fees, if awarded, are to be assessed against the judgment debtor. Supplementary proceedings under the statute are proceedings subsequent to judgment to aid a judgment creditor in collecting his judgment against the judgment debtor. Section 56.29, providing for impleading additional parties, contains no authority for assessing fees against the implied third party defendant....
...ho was made party to appeal through supplementary proceedings); Dusoe v. Securis Int'l., Inc.,
672 So.2d 89, 90 (Fla. 1st DCA 1996) (holding no Florida law supports assessment of attorneys' fees and costs against implied third party defendants under section
56.29(11)). This is not the end of our analysis, however. Gaedeke correctly argues that it is still entitled to attorneys' fees from Mortgage Consultants incurred in the collection of Mortgage Consultants' judgment debt. Likewise, pursuant to section
56.29(5), "the judge may order any property of the judgment debtor [ ] in the hands of any person or due to the judgment debtor to be applied toward the satisfaction of the judgment debt." Although Gaedeke is not entitled to a direct award of...
...of Fla.,
541 So.2d 1369, 1369 (Fla. 4th DCA 1989). Accordingly, we remand this case back to the trial court with instructions that an order should be entered applying the fraudulently transferred assets toward satisfaction of Mortgage Consultants' May 29, 2003 judgment debt. See §
56.29(5)....
...prevailing party in the supplemental proceedings. Section
57.041(1) provides that "[t]he party recovering judgment shall recover all his or her legal costs and charges which shall be included in the judgment...." The Appellees correctly contend that section
56.29(11) precludes any award of costs against impled defendants. See Rosenfeld. However, section
56.29(11) specifically provides that "costs for proceedings supplementary shall be taxed against the defendant." Accordingly, we find the trial court erred in refusing to award costs against Mortgage Consultants....
CopyCited 3 times | Published | Florida 4th District Court of Appeal | 1991 WL 120783
...It is difficult to understand how orders impleading third parties relate to subject matter jurisdiction, and the first district's opinion sheds little light on it. As the third district's Machado opinion pointed out, however, orders impleading third parties under section 56.29, Florida Statutes (1989), determine no substantive rights....
...ding. *740
544 So.2d at 1062. Even that may overstate the effect of an impleader order under the statute. Such an order should, more properly, be understood only as an order allowing a third party to be sued. A proceeding against third parties under section
56.29 actually seems more closely to resemble the old equitable remedy of a creditor's bill, in which the judgment creditor initiated an entirely new proceeding against a third person said to have property of the judgment debtor which was or should be subject to the creditor's unsatisfied writ of execution....
...As in our current system, he needed only to prepare a pleading with the requisite allegations, pay the filing fee, serve the party with process, and his proceeding was properly in court. He needed no prior leave of court to do all that. There is really nothing in section 56.29 evidencing a legislative intent that the judgment creditor now needs prior court approval of the sufficiency of his third party claim before he can even bring the third party into court under a statutory procedure designed to simplify the creditor's bill....
...ceedings and, even if they were, the proposed third party defendants had to be served with the motion to implead before they could merely be impleaded. Again, when one considers the function of creditors' bills, the first district's requirements for section 56.29 impleader of third parties appear quite unnecessary and unrequired by anything in the statute. It is thus apparent that we agree with the third district in Machado. The order allowing impleader of third parties under section 56.29 does no more than allow the third parties to be sued....
CopyCited 3 times | Published | Court of Appeals for the Eleventh Circuit | 2015 A.M.C. 1321, 2015 WL 151703, 2015 U.S. App. LEXIS 511
...After National Maritime obtained a judgment in its favor, it
discovered that Burrell Shipping had transferred all of its assets to its owner, Glenn
F. Straub. National Maritime then initiated a supplementary proceeding, Fed. R.
Civ. P. 69; Fla. Stat. § 56.29(6), to void the transfer, and the district court later
entered a judgment against Straub....
...state where the court is located.” Fed. R.
Civ. P. 69(a). Based on a Florida law that permits a trial court to void a transfer of
property that “has been made . . . by the judgment debtor to delay, hinder, or
defraud creditors,” Fla. Stat. § 56.29(6)(b), National Maritime asked the district
court to void the transfer of proceeds from Burrell Shipping to Straub.
3
Case: 13-15349 Date Filed: 01/13/2015 Page: 4 of 12
After our decision in Jackson-Platts v....
...lly
whether it is concerned with executing its judgment or authorizing an attachment
to secure an independent maritime claim.”).
Straub argues that our holding in Jackson-Platts establishes that any
supplementary proceeding brought under section 56.29(6) is a new action that
seeks to impose new liability on a third party, but we disagree....
...Fraudulently Transferred the Proceeds of the Sale to Straub.
Straub argues that the district court erred when it ruled that the transfer of
the proceeds was fraudulent. To determine whether a transfer is fraudulent within
the meaning of section 56.29(6)(b), Florida courts look to the Uniform Fraudulent
Transfer Act, id....
CopyCited 3 times | Published | District Court, S.D. Florida | 2012 WL 565993, 2012 U.S. Dist. LEXIS 20929
...an insurer acts in good faith by expeditiously filing a declaratory judgment action to resolve coverage disputes. Id. at 1327 (quoting James River’s Reply in Support of Motion to Strike [DE 78] at 2). Second, Bodywell asserts that Florida Statute § 56.29 and the Federal Rules require that James River be afforded its full due process rights during the supplementary proceedings....
...The parties agree that the issues in the two proceedings are identical. PENDING MOTIONS Bodywell seeks an order instituting proceedings supplementary in aid of execution and impleading James River, pursuant to Federal Rule of Civil Procedure 69 and Florida Statute § 56.29....
...1516, 1517 (S.D.Fla.1988) (Atkins, J.). Proceedings supplementary are a procedural mechanism that provides a judgment creditor with means to investigate assets of the judgment debtor that might be used to satisfy a judgment and are governed by Fla. Stat. §
56.29 . Office Building, LLC v. CastleRock Security, Inc., No. 10-61582-Civ,
2011 WL 1674963 , at *2 (S.D.Fla. May 31, 2011) (Leonard, J.). Under §
56.29, a judgment creditor may implead third parties to expeditiously discover a judgment debtor’s assets and subject them to “a speedy and direct proceeding in the same court in which the judgment was recovered.” Id....
...4th DCA 1994)) (emphasis omitted). The court may “order any property of the judgment debtor, not exempt from execution, in the hands of any person or due to the judgment debtor to be applied toward the satisfaction of the judgment debt.” Fla. Stat. § 56.29 (5)....
...ontested property should not be applied toward satisfaction of the judgment creditor’s judgment.” CastleRock Security,
2011 WL 1674963 , at *3. “Florida courts have developed two jurisdictional prerequisites for supplementary proceedings under §
56.29: (1) an unsatisfied writ of execution and (2) an affidavit averring that the writ is valid and unsatisfied along with a list of entities to be impleaded.” Id....
...holds a judgment against FSI in the principal sum of $10,450,000, which has been recorded in the public records of Broward County, Florida and that execution has been issued, is valid, and remains outstanding and unsatisfied. Hence, Bodywell has met § 56.29’s requirements for instituting proceedings supplementary....
...Guaranty Ins. Co. of Florida v. DaCosta,
190 So.2d 211, 214 (Fla. 3rd DCA 1966). 6 The undersigned’s research has found only one other reported case in which a judgment debt- or’s insurer was impleaded in proceedings supplementary under Fla. Stat. §
56.29 in the 45 years since DaCosta was decided....
CopyCited 3 times | Published | United States Bankruptcy Court, M.D. Florida | 16 Fla. L. Weekly Fed. B 131, 2003 Bankr. LEXIS 533, 2003 WL 21289976
...based on pure state law and not within this Court's jurisdiction. In these regards, this Court is satisfied that the Trustee must follow the appropriate procedures under state law, specifically, proceedings supplementary, as set forth in Fla. Stat. § 56.29, to collect upon the money judgment against Ms....
CopyCited 3 times | Published | Florida 1st District Court of Appeal
...Barnett of Greenberg Traurig P.A., Fort Lauderdale, for Appellant.
Louis K. Rosenbloum, Pensacola, James L. Dye, and David P. Healy, Tallahassee,
H. Bart Fleet, and Whitney Leigh Smith, Shalimar, for Appellees.
OSTERHAUS, J.
This case involves proceedings supplementary to execution, section 56.29,
Florida Statutes, which for almost 100 years has afforded an efficient and direct way
for judgment holders in Florida to identify a debtor’s assets and satisfy an execution.
Curtis H....
...Biel
Reo appealed.
We now reverse because proceedings supplementary may be initiated by a
judgment holder for the life of the judgment, “[w]hen any person or entity holds an
unsatisfied judgment or judgment lien” and files the requisite affidavit. § 56.29(1),
Fla. Stat. Because Biel Reo holds a valid, unsatisfied execution and § 56.29(6)
2
entitles judgment creditors to proceedings supplementary in circumstances
involving felicitous transfers of personal property to spouses, Biel Reo’s action
involving the Family Trusts is t...
...Summary
judgment is appropriate only “if there is no genuine issue of material fact and if the
moving party is entitled to a judgment as a matter of law.” Id. (citing Menendez v.
Palms West Condo. Ass’n,
736 So. 2d 58 (Fla. 1st DCA 1999)).
B.
Section
56.29, Florida Statutes (2012), establishes “proceedings
supplementary” to execution providing a speedy and direct means for “the holder of
a valid and outstanding execution to ferret out what assets the judgment debtor may
have ....
...lien or claim, that might be subject to the execution.” See Young v. McKenzie,
46
So. 2d 184, 185 (Fla. 1950); Zureikat v. Shaibani,
944 So. 2d 1019, 1022-23 (Fla.
5th DCA 2006).1 These proceedings are “equitable in nature,” Ferguson v. State
1
Section
56.29, Florida Statutes (2012), provides in relevant part that:
Section
56.29 Proceedings supplementary....
...The proceedings are intended to give “the
most complete relief possible in satisfying [a creditor’s] judgment.” Riley v. Fatt,
47
So. 2d 769, 772 (Fla. 1950). And courts may “enter any orders required to carry out
the purpose of this section to subject property or property rights of any defendant to
execution.Ӥ
56.29(9), Fla....
...(2012) (emphasis added).2
What is required for a judgment creditor to initiate proceedings supplementary
to execution is to file a motion and an affidavit averring specific information about
the judgment or judgment lien and the existence of an unsatisfied execution.
§ 56.29(1), Fla....
...2d at 886, in which case, the affidavit should also list the
parties to be impleaded. Mejia v. Ruiz,
985 So. 2d 1109, 1112 (Fla. 3d DCA 2008).
Once these prerequisites are met, a judgment creditor “is entitled to the proceedings
supplementary,” §
56.29(1); a court cannot deny a motion that meets the statutory
prerequisites. See Biloxi Casino Corp. v. Wolf,
900 So. 2d 734 (Fla. 4th DCA 2005).
After initiation of proceedings supplementary, a judgment creditor may
pursue assets held by the debtor, §
56.29(1)-(2); pursue the debtor’s assets held by
2
Effective July 1, 2014, Section
56.29(9) was amended to expressly include what
has long been the law in Florida, that “entry of any orders” includes “entry of money
judgments against any impleaded defendants[.]” The parties haven’t argued that the
amendment effects the issues here.
5
another, so long as the property is not exempt from execution, §
56.29(5);3 or seek
to void and execute upon debtor assets transferred to a spouse or other third party
for purposes of delaying, hindering, or defrauding a creditor, §
56.29(6)....
...and, as such, given an opportunity to fully and fairly present their
claims as parties[.]
Viney,
163 So. at 60; see also Pollizzi v. Paulshock,
52 So. 3d 786, 789 (Fla. 5th
DCA 2010); Mejia v. Ruiz,
985 So. 2d at 1112-13.
3
The legislature amended §
56.29(5), effective July 1, 2014, but, again, the parties
haven’t argued that these changes effect the issues here.
6
II.
In 2012, Biel Reo initiated proceedings supplementary under §
56.29(5) and
(6) and impleaded the Trustees....
...It hoped to satisfy its $4.5 million execution against
the large sums that the Debtors had transferred from formerly revocable trusts into
irrevocable Family Trusts after defaulting on the loan they had guaranteed. 4 The trial
court found Biel Reo’s Family Trust-related claims to be time-barred because
§
56.29(6) makes use of substantive provisions of the Uniform Fraudulent Transfer
Act (UFTA), see §
726.105, Fla. Stat., and §
56.29(5) makes use of substantive
portions of §
736.0505, Fla....
...(involving creditor claims against trusts). The
UFTA and §
736.0505 have shorter statutes of limitations that the trial court
determined to have expired.5
The problem we have with the Trustees’ statute of limitations argument is that
it does not comport with the text of §
56.29, or with the cases construing it....
...does not have an interest that is
subject to execution on a judgment lien.”). Consequently, this opinion focuses more
narrowly on Biel Reo’s subsection (6)-based argument that the UFTA’s statute of
limitations does not apply.
7
sentence of § 56.29(1) expressly addresses when a creditor is entitled to avail itself
of the statute’s processes: “When any person or entity holds an unsatisfied judgment
or judgment lien obtained under chapter 55 [and files the requisite motion and
aff...
...at proceedings supplementary
could be brought for the twenty-year life of the judgment. Id. at 185-86.
The Trustees would have us apply a different statute of limitations for
proceedings supplementary that involve fraudulent transfers under §56.29(6) (which
is when § 56.29 is most often used, see Padovano, Florida Civil Practice § 13:6)....
...2d 1019, 1022-23 (Fla. 5th
DCA 2006), for instance, a judgment debtor allegedly transferred funds and assets
8
to his family and purchased homestead property against which the judgment creditor
sought execution under § 56.29....
...232 (1933).
Id. at 703-04 (emphasis added).
The cases cited by the Trustees do not compel the application of a different
statute of limitations. Although the Trustees are correct that the manner of proving
and defending fraudulent transfer claims under §
56.29 borrow substantively from
9
the UFTA, 6 this fact does not require the adoption of the UFTA’s much shorter
limitations period, because §
56.29’s contrary scheme and precedent broadly
establish the availability of proceedings supplementary for the life of the judgment,
when a valid, unsatisfied execution exists.
III.
We therefore reverse the trial court’s grant of summary judgment insofar as it
found Biel Reo’s proceedings supplementary to be time-barred and remand for
further proceedings supplementary under §
56.29(6). We affirm, however, the
judgment below on the issue of whether the Family Trusts were self-settled and
reachable by way of §
56.29(5).
AFFIRMED IN PART, REVERSED IN PART, AND REMANDED.
VAN NORTWICK, J., and FENSOM, JAMES B., ASSOCIATE JUDGE,
CONCUR.
6
See, e.g., Mejia,
985 So. 2d at 1112-13 (explaining that for purposes of §
56.29(6)(b), “[w]hether a defendant’s actions are made or contrived to ‘delay,
hinder, or defraud’ must be determined with reference to section
726.105(1)
[UFTA].”); Nationsbank, N.A. v. Coastal Utilities, Inc.,
814 So. 2d 1227, 1229 (Fla.
4th DCA 2002) (noting that the UFTA applies in determining whether a transfer to
a third party is invalid); Morton v. Cord Realty, Inc.,
677 So. 2d 1322, 1324 (Fla.
4th DCA 1996) (“Under section
56.29, it is the burden of the defendant to prove that
a transfer was not a fraudulent transfer....
CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 1995 WL 467297
...ment considerations. In 1992 Teresa H. Snieda obtained a judgment against Anthony J. Novak in the amount of $868,362.64 on her claims for fraud, civil theft, and conversion. Snieda attempted unsuccessfully to examine Novak numerous times pursuant to section 56.29(2), Florida Statutes (1991)....
...A person may invoke the Fifth Amendment when sitting for a deposition in aid of execution if he has reasonable grounds to believe that his answers would provide "a link in the chain of evidence needed to prove a crime against him." Rainerman v. Eagle Nat'l Bank,
541 So.2d 740, 741 (Fla. 3d DCA 1989). Section
56.29(8), Florida Statutes (1991) purports to grant immunity to persons examined in proceedings supplementary. Section
56.29(8) provides: A party or a witness examined under these provisions is not excused from answering a *1141 question on the ground that his answer will tend to show him guilty of the commission of a fraud, or prove that he has been a party...
...perty derived from or through the defendant, or to be discharged from the payment of a debt which was due to the defendant or to a person in his behalf. An answer cannot be used as evidence against the person so answering in any criminal proceeding. § 56.29(8), Fla....
CopyCited 3 times | Published | Florida 4th District Court of Appeal | 1988 WL 79368
...Should appellant prevail, the judgment would be reversed; if the appellee is successful, the bond will satisfy the judgment. In any event, if required to rule thereon, we would affirm the order compelling the turnover of assets for execution. Both parties have requested attorney's fees on appeal, pursuant to section 56.29(11), Florida Statutes (1987)....
CopyCited 3 times | Published | District Court of Appeal of Florida | 1994 Fla. App. LEXIS 8334
...1 POST-JUDGMENT PROCEEDINGS In the second part of this appeal, we must decide, the propriety of the trial court’s summary judgment order against Pulmonary Associates, which held Pulmonary Associates liable for the judgment against Munim, P.A. Dr. Azar implied Pulmonary Associates in proceedings supplementary, pursuant to section 56.29, Florida Statutes (1993), after learning through discovery in aid of execution that twelve days after the entry of the final judgment against Munim, P.A., Dr....
...Azar claimed was “gutted.” The legal theories advanced for imposing liability on Pulmonary Associates were based on intertwined but distinct concepts: fraudulent transfer of assets, de facto merger and/or mere continuation of business. Pursuant to section 56.29, judgment creditors have a “useful, efficacious and salutary remedy” to subject assets to “a speedy and direct proceeding in the same court in which the judgment was recovered.” Regent Bank v....
...AGFA-GEVAERT, Inc.,
688 F.Supp. 1516, 1517 (S.D.Fla.1988), aff'd,
900 F.2d 264 (11th Cir.1990). Proceedings supplementary are equitable in nature and should be liberally construed. Ferguson v. State Exchange Bank,
264 So.2d 867 (Fla. 1st DCA 1972). Under section
56.29(5)' a court may fashion an appropriate equitable remedy to afford a judgment creditor as complete relief as possible including finding a new corporation liable for a judgment against its predecessor corporation when the new corporation is merely the alter ego of the predecessor corporation....
...assets at a fair evaluation, section
726.103(1), Florida Statutes (1993), or a debtor is presumed insolvent if generally not paying his debts as they become due, id. at section
726.103(2). As a creditor, Dr. Azar utilized the procedure set forth in section
56.29, Florida Statutes (1993) to implead Pulmonary Associates. Pursuant to section
56.29(6), the burden is on the transferee to prove the transfer was not fraudulent. Treated Timber Products, Inc. v. S & A Assoc.,
488 So.2d 159 (Fla. 1st DCA 1986). Section
56.29(6) is applicable to post-final judgment transfers....
CopyCited 3 times | Published | Florida 3rd District Court of Appeal | 1980 Fla. App. LEXIS 16458
...Since title had been taken in the names of both Newton and his wife by the entireties, the vessel could not then be levied upon pursuant to either judgment or writ of execution. In April, 1978, therefore, the appellant instituted supplementary proceedings, pursuant to Section 56.29, Florida Statutes (1977), so as to subject the boat to its County Court judgment against Newton individually....
...us and appropriate remedy to reach the concealed assets of the debtor than a bill in chancery and may be so far considered as practically an exclusive remedy except where it does not furnish adequate remedy. [e.s.] Our conclusion is dictated also by Section 56.29(6)(b), Florida Statutes (1977), which clearly provides that the property held subject to levy in proceedings supplementary shall be sold to satisfy the judgment and execution that is, Salina's which formed the basis of the proceedings themselves....
CopyCited 3 times | Published | Court of Appeals for the Eleventh Circuit
...Forster, Patrick Lacy, and Bruce Hirschfeld appeal the denial of their motion to initiate a supplementary proceeding against their former employer, Nations Funding Source, Inc., its successor entity, Nations Group USA, Inc. (collectively “Nations Group”), and its owner, Sookrani Narain. See Fed.R.Civ.P. 69; Fla. Stat. § 56.29 ....
...proceedings supplementary to execution” if he “file[s] a motion and an affidavit” that (1) states he holds an unsatisfied judgment or judgment lien; (2) identifies the issuing court and case number; (3) states the unsatisfied amount of the judgment; and (4) confirms that execution is valid and outstanding. Fla. Stat. § 56.29 (1). The trial court has authority “to order any property of the judgment debtor, not exempt from execution, in the hands of any person, ... to be applied toward the satisfaction of the judgment debt.” Id. § 56.29(5). The trial court can “enter any order or judgment, including a money judgment against any =... transferee,” id., or “any impleaded defendant irrespective of whether [he] has retained the property,” id. § 56.29(9). If the party satisfies the statutory requirements and alleges that the judgment debtor has transferred property “to delay, hinder, or defraud creditors,” id. § 56.29(6)(b), “[n]o other showing is necessary in order to implead the third party,” NTS Fort Lauderdale Office Joint Venture v....
...ry because Na-rain refused to complete fact information sheets, see Fla. R. Civ. P. Form 1.977, or to appear at a deposition duces tecum; and Narain had depleted the companies’ two bank accounts to prevent execution of the judgment. See Fla. Stat. § 56.29 (5), (6)(b), (9)....
...McKenzie,
46 So.2d 184, *852 185 (Fla.1950). Because the district court had ancillary jurisdiction to entertain the proceedings supplementary, see Nat’l Mar. Servs.,
776 F.3d at 786-88 , and the former employees “made the required statutory showing [under section
56.29], the [district] court had no discretion to deny” the motion, see Serchay,
710 So.2d at 1028 ....
CopyCited 2 times | Published | Florida 1st District Court of Appeal | 2017 WL 3864173, 2017 Fla. App. LEXIS 12734
...Bank,
264 So. 2d 867, 868 (Fla. 1st DCA
1972)). After a party initiates proceedings supplementary, a creditor may pursue
assets held by the debtor, assets of the debtor held by another, or assets that have
been fraudulently transferred to another. See §
56.29, Fla....
CopyCited 2 times | Published | Florida 5th District Court of Appeal
...n Orange County, although the record reflects that the individual defendant is a Broward County resident and the corporate defendant has its principal place of business in Broward County. Although contending that such requirement was erroneous under section 56.29(2), Florida Statutes [1] , petitioners nowhere contend that the trial court lacked jurisdiction over the proceedings, the judgment upon which execution was sought having been rendered by that court....
...The record shows that the trial court rescinded the requirement that defendants appear in Orange County. Thus this point is moot. If petitioners contend that any other error has been committed, ordinary appellate remedies are available. Petition DENIED. SHARP and COBB, JJ., concur. NOTES [1] § 56.29(2), Fla....
CopyCited 2 times | Published | District Court, S.D. Florida | 2013 WL 5770677, 2013 U.S. Dist. LEXIS 152869
...ementary proceedings by filing a Complaint to Recover Fraudulent Transfer of Property (“Supplemental Complaint”) {see Mot. Supp. Proc., Ex. “H”), 2 against Straub and Burrell pursuant to Federal Rule of Civil Procedure 69 and Florida Statute Section 56.29, to avoid and recover a fraudulent transfer of property....
...the Final Judgment. {See id. 5). National Maritime proposes various theories for recovery of its Final Judgment from Straub and Burrell. Count I of the Supplemental Complaint is titled, “Action to Avoid and Recover Fraudulent Transfer Pursuant to § 56.29(6)(a), Florida Statutes.” Count II is titled, “Action to Avoid and Recover Fraudulent Transfer Pursuant to § 725.105(l)(a), Florida Statutes.” Count III is titled, “Action to Avoid and Recover Fraudulent Transfer Pursuant to § 726....
...4th DCA 1994) (citation omitted). “The procedure on execution — and in proceedings supplementary to and in aid of judgment or execution — must accord with the procedure of the state where the court is located____” Fed. R. Civ. P. 69(a)(1). Florida Statute Section
56.29 provides the procedural mechanism to assist judgment creditors in reaching the assets of judgment debtors, and the Uniform Fraudulent Transfer Act (“UFTA”) has codified the law concerning what constitutes a fraudulent transfer. Morton v. Cord Realty, Inc.,
677 So.2d 1322, 1324 (Fla. 4th DCA 1996). Under section
56.29(6)(a), 4 the defendant has the burden of proving a judgment debtor’s transfer made within one year before service of process was not fraudulent. Id.; see also Amjad Munim, M.D., P.A.,
648 So.2d at 153 (“Pursuant to section
56.29(6), the burden is on the transferee to prove the transfer was not fraudulent.” (citation omitted))....
...onsistently failed to respond directly. In addition, Straub avoided answering difficult questions by professing ignorance of the matter or a lack of recollection, or alternatively, by saying others would know the answer but not he. . Florida Statute Section 56.29(6)(a) states: When, within 1 year before the service of process on him or her, defendant has had title to, or paid the purchase price of, any personal property to which the defendant’s spouse, any relative, or any person on confidenti...
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 2016 Fla. App. LEXIS 15618
...Donovan asserted that it recovered only $120,000 from its attempts to enforce the judgment. To satisfy the rest of the debt, Donovan sought all of MYD’s “right, title, ownership, and interest in” the pending Lauderdale Marine case, pursuant to section 56.29, Florida Statutes (2015), which permits seizure of rights in a pending-lawsuit....
...e for the amount it is owed, depriving MYD of its right to recover the balance of the claim and creating a windfall for Lauderdale Marine. On this record, we hold that the trial court did not abuse its discretion in assigning the claim. Donovan used section 56.29 to initiate proceedings supplementary. Section 56.29(5) provides that a court “may order any property of the judgment debt- or, not exempt from execution, in the hands of any person, or any property, debt, or other obligation due to the judgment debtor, to be applied toward the satisfaction of the judgment debt.” A “chose in action” is “property” within the meaning of section 56.29(5)....
...A right to receive or recover a debt, demand, or damages on a cause of action ex contractu or for a tort or omission of a duty.” Id. at 50 (quoting Black’s Law Dictionary (4th ed.1968)). MYD’s lawsuit against Lauder-dale Marine was a chose in action subject to the reach of section 56.29(5) proceedings supplementary....
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 2008 WL 4414299
...The trial court granted the emergency motion to quash the sheriff's sale, resulting in this appeal. On appeal, Donan argues that the trial court's ruling ignored long-standing Florida law that a chose in action is reachable in proceedings supplementary. Donan claims that the trial court crafted an exception to section 56.29(5), Florida Statutes (2007), which does not exist. Section 56.29(5) provides: "The judge may order any property of the judgment debtor, not exempt from execution, in the hands of any person or due to the judgment debtor to be applied toward the satisfaction of the judgment debt." A chose in action be...
...Trial courts accordingly have discretion in supplementary proceedings. Gen. Guar. Ins. Co. of Fla. v. DaCosta,
190 So.2d 211, 213 (Fla. 3d DCA 1966) (circuit court has broad discretionary powers to carry out intent and purpose of supplemental proceeding statutes). In addition, section
56.29(5), set out above, says that the judge "may," not shall, order execution....
CopyCited 2 times | Published | United States Bankruptcy Court, N.D. Florida | 23 Fla. L. Weekly Fed. B 481, 2012 Bankr. LEXIS 5168, 2012 WL 5390327
...eir argument that a state law fraudulent transfer action is not property of the estate because it is not an action assertable by the Debtor. In Saunders , a creditor sued four other entities under Florida’s (then) Fraudulent Transfer statute (F.S. § 56.29)....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 2013 WL 6212030, 2013 Fla. App. LEXIS 18898
...2d DCA 2008); Gaedeke Holdings, Ltd. v. Mortg. Consultants, Inc.,
877 So.2d 824, 826 (Fla. 4th DCA 2004); Dusoe v. Securis Int'l, Inc.,
672 So.2d 89, 90 (Fla. 1st DCA 1996); Rosenfeld v. TPI Int’l Airways,
630 So.2d 1167, 1169 (Fla. 4th DCA 1993); see also §
56.29(11), Fla....
...entary” to the extent that it purports to permit writs of execution against all of the assets of the impleaded parties — rather than solely the assets of KCGF now in the hands of the impleaded parties as a result of the fraudulent transfers. See § 56.29(5) (permitting the court to order that any property of the judgment debtor “in the hands of any person” may be applied toward satisfaction of the judgment debt)....
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 2013 WL 6030085, 2013 Fla. App. LEXIS 18157
...oration’s (“Renda”) amended motion for proceedings supplementary and impleading Sanchez as a defendant in Renda’s suit against Norsan Group, Inc. (“Norsan”). On appeal, Sanchez argues that the use of proceedings supplementary pursuant to section 56.29, Florida Statutes (2012), is not permitted unless the judgment creditor alleges that the judgment debtor fraudulently transferred assets to a third party....
...raudulently transferred assets to Sanchez in an attempt to defraud its creditors. We review an order granting a motion for proceedings supplementary de novo. See Mejia v. Ruiz,
985 So.2d 1109, 1112 (Fla. 3d DCA 2008). Proceedings supplementary under section
56.29 are special statutory “proceedings subsequent to judgment to aid a judgment creditor in collecting his judgment against the judgment debtor.” Rosenfeld v. TPI Intl. Airways,
630 So.2d 1167, 1169 (Fla. 4th DCA 1993). In order *629 to initiate proceedings supplementary, section
56.29 requires that the judgment creditor have an unsatisfied judgment and file an affidavit averring that the judgment is valid and outstanding. §
56.29(1), Fla....
...4th DCA 1994) (“Proceedings supplementary are equitable in nature and should be liberally construed.”). Although proceedings supplementary may be used to implead a third party in cases where the judgment debtor has made a fraudulent transfer to the third party, see § 56.29(6), Fla....
CopyCited 2 times | Published | United States Bankruptcy Court, S.D. Florida.
...814], until such time as the district court rules on Sylvia Baldini's Objection To Bankruptcy Court's Adjudication And Motion To Withdraw The Reference And Supporting Memorandum Of Law [ECF No. 816]. Biel Reo, LLC v. Barefoot Cottages Dev. Co. ,
156 So. 3d 506 (Fla. 1st DCA 2014) (holding that Fla. Stat. §
56.29 borrows substantively from fraudulent transfer law but does not adopt its shorter statute of limitations period); Ferre v....
CopyCited 2 times | Published | District Court, M.D. Florida | 2017 WL 1161305, 2017 U.S. Dist. LEXIS 46146
...726, Florida Statutes, relates to transfers which took place after January 29, 2010 (id.); (5) there is another pending adversary proceeding (Adv. No. 14^02) which was removed from state court seeking supplementary proceedings under Florida Statute § 56.29 in which the Trustee joined as a party plaintiff (id.); and (6) under § 56.29 the Court may avoid certain transfers made within one year prior to a defendant being served with process, which in this case was transfers by Debtor after April 13,2008 (id.)....
CopyCited 2 times | Published | Florida 1st District Court of Appeal | 2000 Fla. App. LEXIS 6796, 2000 WL 718181
...claim and there was no successful offer of judgment). The Second District Court in Smithbilt Industries noted that "[i]n normal usage, a supplemental proceeding occurs at the end of a proceeding, usually after a final judgment has been entered." See § 56.29, Fla....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 1998 WL 299386
...In this case, however, we can fashion a narrower holding. Section
73.092 contains no definition of "other supplemental proceeding." In normal usage, a supplemental proceeding occurs at the end of a proceeding, usually after a final judgment has been entered. See §
56.29, Fla....
CopyCited 2 times | Published | Florida 4th District Court of Appeal
...Decker, Davids, Decker, Henson & Hadley, Orlando, for appellant. Monroe E. McDonald and Wilson Sanders, Sanders, McEwan, Mims & McDonald, Orlando, for appellee. NANCE, L. CLAYTON, Associate Judge. The appellant, Ball, instituted a Supplementary Proceeding under Fla. Stat. § 56.29 (1973) against the appellee, Papp, as defendant in execution....
...e the Rule to Show Cause; and, second, that the Court erred in failing to award costs to the appellant, plaintiff in execution, against the defendant in execution. We affirm the judgment of the Court below on appellant's first point. Florida Statute § 56.29(6)(a) in effect at the commencement of the action, placed the burden upon the defendant in execution to establish that such a transfer from him within 1 year before issuance of execution, was not made to delay, hinder or defraud creditors, b...
...te effective July 1, 1972, placing the burden of proof upon the defendant in execution to establish that such a transfer within 1 year before the service of process on him, was not made to delay, hinder or defraud creditors. Clearly, Florida Statute § 56.29(6)(a) did not place the burden of proof upon the defendant in the instant case, when the plaintiff did not secure her judgment until March 1973, and the amendment to the law establishing the burden of proof upon the defendant in execution co...
...287,
89 So. 869 (1921); Waterman v. Higgins,
28 Fla. 660,
10 So. 97 (1891); 2 Fla.Jur., Appeals, §§ 314, 316 (1963). We affirm the judgment of the Court below on appellant's second point. The Trial Court ordered each party to bear own costs. Fla. Stat. §
56.29(11) (1973) provides for taxation of costs against the defendant in execution. An exhaustive search for authority discloses no application of award of costs, in private litigation, statutorily authorized, as against the prevailing party, except in domestic cases, such as under Fla. Stat. Chapter 61, Section
56.29(11) presupposes a prevailing plaintiff in execution....
...ch the trial court could conclude that appellant failed to prove a prima facie case. Thus, on the main issue involved in this appeal I would concur in an affirmance. However, appellant also contends that error was committed in the taxation of costs. Section 56.29(11), F.S....
...reasonable and just by the court including, but not limited to, docketing the execution, sheriff's service fees, and court reporter's fees." Unlike §
57.041, F.S. 1973, the general statute on the recovery of costs by the party recovering judgment, §
56.29(11) mandates in clear, unambiguous language that the defendant in supplementary proceedings shall pay the costs, whether or not he is the prevailing party....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 2016 Fla. App. LEXIS 10881
...s unlike the reduction to judgment of a
consumer debt unrelated to real property that is directly converted from that debt to a
money judgment upon it. See §
702.01 ("All mortgages shall be foreclosed in equity.");
cf. ch. 55, Fla. Stat. (2014); §
56.29, Fla....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal
...The parties agree that the Gibsons held the
SunTrust account as TBE property.
In October 2014, Wells Fargo Bank, as successor by merger to Wachovia,
moved to garnish the SunTrust account. Wells Fargo sought proceedings
supplementary under section 56.29, Florida Statutes (2014), and moved to implead Dr.
-2-
Gibson as a party....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal
...to judgment.”); Abbate v. Provident Nat’l Bank,
631 So.2d 312, 313 (Fla. 5th DCA 1994) (“Jurisdiction is perfected by the proper service of sufficient process.”). If, however, the litigant is conducting proceedings supplementary pursuant to section
56.29, Florida Statutes (2013), it is not necessary to file and serve a complaint....
...4 See Fundamental Long Term Care Holdings, LLC v. Estate of Jackson ex rel. Jackson-Platts,
110 So.3d 6, 11 (Fla. 2d DCA 2012). But the motion contemplated by the statute is still required to bring late-stage defendants under the personal jurisdiction of the court. See §
56.29(2); Fundamental Long Term Care Holdings, LLC,
110 So.3d at 11. The statute also provides defendants an opportunity to be heard in the form of a hearing before a court or magistrate. §
56.29(2)....
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 1995 WL 722903
...We consider this case en banc in order to recede from Wieczoreck v. H & H Builders, Inc.,
450 So.2d 867 (Fla. 5th DCA 1984), overruled on other grounds, Exceletech, Inc. v. Williams,
579 So.2d 850 (Fla. 5th DCA 1991), affirmed,
597 So.2d 275 (Fla. 1992). In Wieczoreck, this court ruled that under section
56.29, Florida Statutes, a jurisdictional prerequisite for supplementary post-judgment proceedings is a returned and unsatisfied writ of execution. As authority for this pronouncement, the court relied on Tomayko v. Thomas,
143 So.2d 227 (Fla. 3d DCA 1962). Tomayko, however, was decided before section
56.29 *1075 was amended in 1967....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 2008 WL 2986655
...Over three years later, Porterfield voluntarily dismissed its complaint. In October 2004, Porterfield filed an amended complaint against Bloco, again alleging a fraudulent transfer of property to Bloco from FWS. In 2005, the trial court entered a final judgment against Bloco in "supplementary proceedings pursuant to section 56.29." The final judgment reserved jurisdiction to tax costs and reasonable attorney's fees in favor of Porterfield and against Bloco....
...29, Florida Statutes (2004). Porterfield, however, never made an offer of judgment or demand for settlement. Apparently recognizing its error, Porterfield filed a second amended motion for attorney's fees and costs, relying on the final judgment and section 56.29(11), Florida Statutes (2004). But, Bloco is not liable for fees under section 56.29(11)....
CopyCited 1 times | Published | District Court of Appeal of Florida | 13 Fla. L. Weekly 2255, 1988 Fla. App. LEXIS 4343, 1988 WL 100551
...ment will be issued for his arrest so that he may be taken into custody to immediately start serving the sentence herein imposed. Such Writ of Attachment shall issue upon sworn motion filed by the plaintiff in this cause. Appellant argues that under section 56.29, Florida Statutes, which provides for supplementary procedures to aid a judgment creditor, he could not be required to travel outside his county of residence for deposition. That section provides that the defendant in execution is to be examined in the county of his residence. Appellee, however, did not proceed under section 56.29, but submitted the notice of taking deposition pursuant to Rule 1.560. Rule 1.560 “does not supplant the method provided by [section 56.29] for examination of a judgment debtor, rather it supplements it.” Conrad v....
CopyCited 1 times | Published | District Court, M.D. Florida | 1976 U.S. Dist. LEXIS 12522
ORDER CHARLES R. SCOTT, District Judge. This case was referred by the Court to the United States Magistrate as master, pursuant to Fed.R.Civ.P. 69 and Fla.Stat. § 56.29(7), but not pursuant to Fed.R.Civ.P....
...Federal Rule 69 provides that state law concerning supplementary post judgment proceedings will control in a federal court except to the extent that the existence of federal statutes might preempt the state law. It is indisputable that under Fla.Stat. § 56.29, in Florida courts, impled parties do not have a right to a jury trial on the issues raised in their answer to a show cause order....
...equity jurisdiction can fashion relief “without the intervention of a jury.” Katchen v. Landy,
382 U.S. 323, 339-40 ,
86 S.Ct. 467, 478 ,
15 L.Ed.2d 391 (1966). As noted earlier, Florida courts have ruled that the legislative intent of Fla.Stat. §
56.29 is to provide swift and summary equitable relief for a judgment-creditor that has been unable to satisfy its judgment, without interposing a jury trial. Ferguson v. State Exchange Bank,
264 So.2d 867, 868 (1st D.C.A.Fla.1972). The same equitable purposes reflected in Congressional passage of the Bankruptcy Act are also reflected in the Florida Legislature’s enactment of Fla.Stat. §
56.29. This is more apparent by §
56.29(7) authorizing reference of the supplementary post judgment proceedings to a master for findings of fact and conclusions of law....
CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 1992 WL 335898
...orida Statutes (1991). [1] Nevertheless, the attorneys for the Panamanian corporations were awarded $579,000 in fees to be paid out of the arbitration award. Where there is competent evidence before the court in proceedings supplementary pursuant to section 56.29, Florida Statutes (1991), which shows that property in the hands of another person may belong to or is due to the judgment creditor, and that the property may be disposed of to hinder the judgment creditor, it is within the trial court's broad discretion to postpone disbursement of the property pending a speedy resolution of the ownership question. § 56.29(9), Fla....
CopyCited 1 times | Published | Florida 3rd District Court of Appeal
...This is different from Saunders, and the other cases cited by the third party
defendants,2 where the judgment creditor sought to use Florida statutes to void
fraudulent transfers. Sanders,
101 B.R. at 303 (“The specific provision followed
by Professional is set forth at §
56.29(6)(b) Fla....
CopyCited 1 times | Published | District Court, S.D. Florida | 2011 U.S. Dist. LEXIS 57955, 2011 WL 2118716
...ered Final Judgment in the amount of $80 million in favor of Plaintiffs. Licea v. Curaçao Drydock Co.,
584 F.Supp.2d 1355 (S.D.Fla.2008). On January 5, 2010, Plaintiffs moved pursuant to Federal Rule of Civil Procedure 69(a) [2] and Florida Statute §
56.29(a) [3] to commence proceedings supplementary to implead the Governments and add them as Judgment Debtors....
...The procedure on executionand in proceedings supplementary to and in aid of judgment or executionmust accord with the procedure of the state where the court is located, but a federal statute governs to the extent it applies. Fed.R.Civ.P. 69(a)(1). [3] Section 56.29(1) provides; When any person or entity holds an unsatisfied judgment or judgment lien obtained under chapter 55, the judgment holder or judgment lienholder may file an affidavit so stating, identifying, if applicable, the issuing court,...
...udgment or judgment lien, including accrued costs and interest, and stating that the execution is valid and outstanding, and thereupon the judgment holder or judgment lienholder is entitled to these proceedings supplementary to execution. Fla. Stat. § 56.29(1).
CopyCited 1 times | Published | District Court, S.D. Florida | 2014 WL 1745361
...in the amount of $265,000.00 on February 11, 2011. Id. After collection of this judgment presumably proved unsuccessful, on January 20, 2012, Sylvia Berman filed supplementary proceedings against APW and others to collect on the judgment pursuant to § 56.29, Fla....
...REMANDED for a determination about whether settlement credit should be awarded to nonsettling creditors whose claims are enjoined by the Bar Order. The Clerk of Court shall CLOSE this case. All pending motions are DENIED as MOOT. DONE and ORDERED. . Section 56.29, Fla. Stat., allows a judgment creditor to open proceedings that are "supplementary to execution,” such as avoiding any transfer of personal property that is made by a judgment debtor to "delay, hinder or defraud creditors.” Fla Stat. § 56.29(1), (6)(a); see also Jackson-Platts v....
CopyCited 1 times | Published | Florida 3rd District Court of Appeal
...uld market and sell the condominium units. Wavestone later terminated that agreement. After a bench trial, the court found Wavestone had breached the contract. The court awarded $1,509,899 in damages. Fortune initiated proceedings supplementary. See § 56.29, Fla....
...In the postjudgment proceedings, Fortune filed two different motions. One of these was a motion for proceedings supplementary in aid of execution. Fortune sought to compel Wavestone to appear for examination regarding Wavestone's financial matters. See id. § 56.29(4)....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2017 WL 2491564, 2017 Fla. App. LEXIS 8539
...9.200(b)(4). According to the statement of the
evidence, Island Breeze was not represented by counsel at the hearing. The statement
of the evidence also reflected that the court found that Destination was entitled to
reasonable costs and fees pursuant to section 56.29(11), Florida Statutes (2015)....
...n of a statute or
contract, our review is de novo." Raza v. Deutsche Bank Nat'l Trust Co.,
100 So. 3d
121, 123 (Fla. 2d DCA 2012) (citing Country Place Cmty. Ass'n v. J.P. Morgan Mortg.
Acquisition Corp.,
51 So. 3d 1176, 1179 (Fla. 2d DCA 2010)). Section
56.29(11)
provides for the award of fees and costs against the judgment debtor in proceedings
supplementary....
...The statement of the evidence reflects that the attorney fee and cost
awards were supported by competent substantial evidence and that they were
-3-
unopposed by Island Breeze, the judgment debtor. Moreover the award of costs was
mandatory under section
56.29(11). See Gaedeke Holdings, Ltd. v. Mortg. Consultants,
Inc.,
877 So. 2d 824, 827 (Fla. 4th DCA 2004) ("[C]osts for proceedings supplementary
shall be taxed against the defendant." (quoting §
56.29(11)))....
CopyCited 1 times | Published | District Court, S.D. Florida | 2012 U.S. Dist. LEXIS 87376, 2012 WL 2402042
...amount of $80 million in favor of Plaintiffs. Licea v. Curacao Drydock Co.,
584 F.Supp.2d 1355 (S.D.Fla.2008). On January 5, 2010, Plaintiffs initiated supplementary proceedings pursuant to Federal Rule of Civil Procedure 69(a) 2 and Florida Statute §
56.29(a) 3 to implead the governments of the Island Territory of Curacao and the Netherlands Antilles, and add them as Judgment Debtors on an alter-ego theory....
...The procedure on execution — and in proceedings supplementary to and in aid of judgment or execution — must accord with the procedure of the state where the court is located, but a federal statute governs to the extent it applies. Fed.R.Civ.P. 69(a)(1). . Section 56.29(1) provides: When any person or entity holds an unsatisfied judgment or judgment lien obtained under chapter 55, the judgment holder or judgment lienholder may file an affidavit so stating, identifying, if applicable, the issuing court,...
...udgment or judgment lien, including accrued costs and interest, and stating that the execution is valid and outstanding, and thereupon the judgment holder or judgment lienholder is entitled to these proceedings supplementary to execution. Fla. Stat. § 56.29 (1)....
CopyCited 1 times | Published | District Court, S.D. Florida | 1999 U.S. Dist. LEXIS 15110, 1999 WL 755947
...nited States used for commercial activity therein. 5. This Court lacks jurisdiction to issue or enforce the Writs because the garnishment of ETECSA's property violates the FSIA's prohibition against prejudgment attachments (28 U.S.C. § 1610(d)) and Section 56.29 of the Florida Statutes....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2002 Fla. App. LEXIS 8249, 2002 WL 1285161
...ng in its place. Appellee, Gloria Wolk, obtained a money judgment for attorney’s fees against Accelerated Benefits Corporation (ABC) as a result of her successful defense of a libel suit. Wolk subsequently initiated proceedings supplementary under section 56.29, Florida Statutes (2000), by impleading the Department of Insurance as a defendant....
...In the instant case, where the Department of Insurance was added as an “im-pleader defendant” in proceedings supplementary, 1 we conclude that the trial court had discretion to dispense with the home venue privilege. Appellate courts have consistently recognized that, although collateral, proceedings supplementary under section 56.29 are a continuation of the initial, underlying proceeding and “venue in the case does hot shift from jurisdiction to jurisdiction during such proceeding, but remains with the court which entered the judgment.” Schwartz v....
...suit on supplementary proceedings after judgment may be filed in another county.”
365 So.2d at 183 . The relevant provisions of the 1975 statute are substantially the same as those in the 2001 version at issue here. Proceedings supplementary under section
56.29 were designed to give the circuit courts broad powers to subject all property of a defendant in execution to the power of the court, “ ‘whether in the name or possession of third parties or not.’ ” Schwartz,
365 So.2d at 183 (quoting State v....
...Here, the trial court did not abuse its discretion in holding that, in this case, the home venue privilege must give way to the well-recognized, statutorily-based precept that venue in supplementary proceedings remains where venue began in the underlying action. 2 AFFIRMED. WARNER and MAY, JJ„ concur. . Under section 56.29, the plaintiff-judgment creditor may join a third party as an additional defendant....
CopyCited 1 times | Published | Florida 4th District Court of Appeal
...We also unconditionally
granted appellate attorney’s fees to the lender. Following our opinion and
order, the lender moved for attorney’s fees and costs in the trial court,
asserting three grounds for recovery: (1) the note; (2) section
57.115,
Florida Statutes; and (3) section
56.29, Florida Statutes.
On August 4, 2017, the trial court heard the lender’s motion for
attorney’s fees and costs....
...To the extent the trustee argues that it paid the outstanding debt, payment
only occurred because the bankruptcy court mandated it.
1 The trustee also argues the trial court improperly determined the lender was
entitled to attorney’s fees and costs under section 56.29, Florida Statutes....
CopyCited 1 times | Published | Florida 3rd District Court of Appeal
...Gorrin’s ownership interest in Lacross. On May 5, 2015, Poker Run moved for
summary judgment contending there were no genuine issues of material fact and
that an unrebutted presumption was created that the transfer was fraudulent by
operation of sections
56.29(6)(a)3 and
726.105(1)(a), (2), Florida Statutes (2015).
In support, Poker Run submitted an affidavit by its President, R....
...the sum of $30,948,103.23. Gorrin v. Poker Run Acquisitions, Inc.,
77 So. 3d 739
(Fla. 3d DCA 2011); Gorrin v. Poker Run Acquisitions, Inc.,
137 So. 3d 1102 (Fla.
3d DCA 2014); Gorrin v. Poker Run Acquisitions, Inc.,
163 So. 3d 1207 (Fla. 3d
DCA 2015).
3 Section
56.29(6)(a) was the version in effect in 2015. That same subsection was
renumbered as subsection
56.29(3)(a) in 2016. However, subsections
56.29(3)(a)
and
56.29(6)(3) do not materially differ.
3
printout from the Florida Secretary of State Division of Corporations that was
attached as an exhibit.4
In response, Gorrin contended there remained genuine...
...In support of the fraudulent transfer claim, Poker Run relies on two separate
statutory theories of recovery, raised with particularity, in its motion for summary
judgment. The first theory is based on a presumption of fraud under the
Proceedings Supplementary Statute. Section 56.29(6)(a) provides:
When, within 1 year before the service of process on him
or her, defendant has had title to, or paid the purchase
price of, any personal property to which the defendant’s...
...with defendant claims title and right of possession at the
time of examination, the defendant has the burden of
proof to establish that such transfer or gift from him or
her was not made to delay, hinder, or defraud creditors.
§ 56.29(6)(a)....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2014 WL 185215, 2014 Fla. App. LEXIS 450
...Spielman disagreed that Florida’s long-arm statute and Venetian Salami apply in proceedings supplementary. Spielman argued that the only allegations required to *669 meet the jurisdictional pleading requirements were those setting forth a facially sufficient cause of action for proceedings supplementary under section 56.29, Florida Statutes (2011)....
...Spielman, and argument of counsels [sic], this Court concludes that it is clear and obvious that the allegations of transfers made to delay, hinder, or defraud Ms. Spielman are sufficient to provide jurisdiction in this Court for proceedings supplementary under section 56.29....
...Without any doubt, this Court has personal jurisdiction over the Jarboe Family Trust and Trustee Clark. The motions to dismiss are denied. We conclude that, as to in personam jurisdiction over nonresident defendants, this reasoning is erroneous. This court has observed that section 56.29(1) requires that a judgment creditor seeking to initiate proceedings supplementary “have an unsatisfied judgment and file an affidavit averring that the judgment is valid and outstanding.” Fundamental Long Term Care Holdings, LLC v....
...Estate of Jackson,
110 So.3d 6, 8 (Fla. 2d DCA 2012), review denied,
118 So.3d 220 (Fla.2013). Once a judgment creditor establishes entitlement to proceedings supplementary by this process, third parties may be joined in the proceedings by im-pleader. Id. The procedural requirements of section
56.29 have been referred to as “jurisdictional prerequisites for proceedings supplementary.” See Mejia v. Ruiz,
985 So.2d 1109, 1112 (Fla. 3d DCA 2008). And courts have recognized that the satisfaction of the procedural requirements of section
56.29 allows personal jurisdiction to be obtained over an impleaded defendant. See, e.g., Estate of Jackson,
110 So.3d at 11 (holding that a court does not lack personal jurisdiction over an impleaded defendant on the basis of insufficient service of process if the plaintiff complies with the procedural requirements of section
56.29); Exceletech, Inc....
...entitled to no more” than notice of the judgment creditor’s allegations via either order to show cause or third-party complaint and the opportunity to be heard by an impartial decision maker), approved,
597 So.2d 275 (Fla.1992). However, neither section
56.29 nor the above-cited cases address the specific question presented here: whether a Florida court may exercise in personam jurisdiction over a nonresident third-party defendant through impleader absent a basis for personal jurisdiction under Florida’s long-arm statute....
CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 2000 Fla. App. LEXIS 16892, 2000 WL 1872341
...in proceedings supplementary to execution directing the sale of her property. We reverse the judgment. Alberto Carbonell, P.A., sought to recover on a money judgment entered against Alexander Varveris, Marie's husband. In proceedings supplementary, § 56.29, Fla....
CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 2007 WL 2258613
...Alfredo De Armas, Coral Gables, for petitioner. Michael I. Rose, Miami, for respondent. Before CORTIÑAS and ROTHENBERG, JJ., and SCHWARTZ, Senior Judge. SCHWARTZ, Senior Judge. SCHWARTZ, Senior Judge. An impleaded defendant in proceedings supplementary to execution under section 56.29, Florida Statutes, seeks relief from an order appointing a special magistrate to conduct the examination of assets provided by the statute....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2002 Fla. App. LEXIS 11281, 2002 WL 1798575
...Finally it was error to enter a protective order against a deposition of the party claiming the funds in the bank account subject to creditor’s writ of garnishment. Florida law allows a judgment creditor to have liberal rights of discovery in aid of execution. See § 56.29, Fla....
...1.560(a) (“In aid of a judgment, decree, or execution the judgment creditor or the successor in interest, when the interest appears of record, may obtain discovery from any person, including the judgment debtor, in the manner provided in these rules.”). Under section 56.29, Florida Statutes (2001), the trial judge could even require that discovery depositions take place before a Master, which means that the claimant in this case could be required to be examined in Broward County where the final judgment was registered and the garnishment proceeding is pending....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2011 Fla. App. LEXIS 12141, 2011 WL 3300328
...Donald of Law Office of Robert L. Donald, Fort Myers, for Appellant. Robert A. Stok and Daniel M. Brennan of Stok & Associates, P.A., Aventura, for Appellees. ALTENBERND, Judge. B & I Contractors, Inc., appeals an order denying its motion for proceedings supplementary pursuant to section 56.29, Florida Statutes (2009)....
...pplementary to execution combined with a motion to implead parties in February 2010. The motion alleges the circumstances described in the preceding paragraphs. B & I attached several exhibits to the motion, including an affidavit in compliance with section 56.29(1), the final judgment, the settlement agreement, and the fact information sheet created in compliance with Florida Rule of Civil Procedure 1.560(b)....
...nt agreement. The trial court entered a very short order denying the motion for proceedings supplementary. It did not rule on the motion to implead third parties, presumably because its ruling rendered that motion moot. II. Proceedings Supplementary Section 56.29 provides for proceedings supplementary....
...identify the issuing court and case number, state the unsatisfied amount of the judgment, and confirm that the execution is valid and outstanding. By filing such an affidavit, the holder "is entitled to these proceedings supplementary to execution." § 56.29(1)....
...s over the chose in action. See, e.g., Gen. Guar. Ins. Co. of Fla. v. DaCosta,
190 So.2d 211 *1038 (Fla. 3d DCA 1966). On its face, this statute allows the holder to pursue property that the debtor held within one year of the service of process. See §
56.29(6)(a). The statute also allows the holder to pursue property that the debtor transferred or conveyed in order to defraud creditors. [2] See §
56.29(6)(b)....
CopyCited 1 times | Published | District Court, M.D. Florida | 1993 U.S. Dist. LEXIS 13587, 1993 WL 156903
...ovide a basis for Plaintiffs’ allegation of alter ego relationship sufficient to justify the requested discovery. Therefore, the Motion for a Protective Order (Doc. # 128) is DENIED. DONE AND ORDERED. . Specifically, see Florida Statutes Annotated § 56.29 (1969 & Supp.1993).
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 1996 Fla. App. LEXIS 3895, 1996 WL 185657
...Accordingly, we affirm the underlying judgment against the Dusoes pursuant to Chapter 726, Florida Statutes. On the other hand, we have found no Florida law to support the trial court's determination that an assessment of attorney's fees and costs against the Dusoes, as implied third-party defendants, is justified under section
56.29(11), Florida Statutes. In fact, we find that Rosenfeld v. TPI International Airways,
630 So.2d 1167 (Fla. 4th DCA 1993) (judgment creditor's attorney's fees and costs are not recoverable under section
56.29 from an implied third-party defendant), rev....
CopyPublished | Court of Appeals for the Eleventh Circuit
Argued: Mar 9, 2022
ration (“GECC”) 25—pursuant to Fla. Stat. §
56.29, 26 for the purpose As the Bankruptcy
CopyPublished | District Court of Appeal of Florida | 1991 Fla. App. LEXIS 9084, 1991 WL 181531
...These cases provide that, when a judgment creditor files a motion for supplementary proceedings and alleges that the sheriff holds an unsatisfied execution: The trial court should conduct an examination of the judgment creditor or appoint a master to do this for it. Section 56.29(2), Florida Statutes....
CopyPublished | District Court of Appeal of Florida | 1991 Fla. App. LEXIS 9553, 1991 WL 181489
...evy that was based on a judgment for brokerage fees. We affirm. Although we sympathize with United Farm’s plight, we agree with the trial court’s ruling that the proper means of executing a judgment is to institute proceedings supplementary. See § 56.29, Fla....
CopyPublished | District Court of Appeal of Florida | 13 Fla. L. Weekly 2147, 1988 Fla. App. LEXIS 4068, 1988 WL 93726
...This was an effort by appellant to institute supplemental proceedings in order to collect upon a final judgment awarding money damages. The supplemental complaint was dismissed for lack of subject matter jurisdiction. We have reviewed the record and are convinced that the appellant substantially complied with section 56.29, Florida Statutes (1987) and case law requirements so as to establish jurisdiction....
CopyPublished | United States Bankruptcy Court, M.D. Florida
...In August 2009, Debtor and Karen sold the D.C. Property. The proceeds of sale were transferred to the Karen Trust. Q. After entry of the Judgment, the Bank obtained consent of the Circuit Court to commence proceedings supplementary under Fla. Sta. § 56.29....
...Anderson CGM IRA Rollover Custodian (the “State Court Complaint”). In the State Court Complaint, the Bank sought to avoid and recover alleged fraudulent transfers and fraudulent conversions under the proceedings supplementary provisions of Fla. Stat. § 56.29 , and Fla....
...shifts to the non-moving party to establish with record evidence that a genuine dispute of material fact exists. 33 If the non-moving party cannot satisfy its shifted burden, then summary judgment must be rendered against it. 34 B. Under Fla. Stat. §
56.29 , judgment creditors may examine the judgment debtor and third parties about -the location and disposition of the judgment debtor’s property. Section
56.29(6) provides that if the defendant held title to personal property within one year before service of process upon him but, at the time of the examination, the defendant’s spouse, relative, or any other person on confidential terms with him claims title or a right of possession to the property, the defendant has the burden of proof to establish that the transfer to the recipient was not made to delay, hinder, or defraud creditors. C. Relief under §
56.29(6) differs from the fraudulent transfer provisions of Chapter 726 because (i) the look back period under §
56.29(6) is one year before the defendant was served with process in the underlying lawsuit rather than the four-year look back period afforded by §
726.110; and (ii) unlike §
726.105, where the burden is on the creditor to establish that the transfer was made to hinder, delay, or defraud, the burden of proof under §
56.29(6) is on the defendant to establish that the transfer was not made to delay, hinder, or defraud....
...To the extent the Trustee seeks to avoid a transfer that occurred before March 26, 2008, which is one year prior to the March 26, 2009 date of service of the Bank’s original complaint against Debtor, the transfer falls outside the look back period under Fla. Stat. § 56.29 (6)(a) and is not subject to avoidance....
CopyPublished | Florida 3rd District Court of Appeal
...assignee Harvard Financial
Services’ motion to invoke supplementary proceedings and implead third parties
on September 1, 2016.
On January 30, 2017, the trial court issued a notice to appear to the three
impleaded party defendants under section 56.29, Florida Statutes (2018).
Contained in the notice to appear was a provision requiring the defendants to file
an answer and assert any affirmative defenses within ten days of service.
Furthermore, the notice added that any evidence of...
CopyPublished | Florida 1st District Court of Appeal | 2015 Fla. App. LEXIS 15909, 2015 WL 6446074
OSTERHAUS, J. RREF SNV-FL SSL, LLC, a. successor in interest to judgment creditor • Coastal Bank and Trust of Florida, appeals from an order denying its petition for supplemental relief under § 56.29 Florida Statutes (2013)....
...inal deficiency judgment on the outstanding $400,000 debt. Coastal subsequently assigned the judgment to appellant RREF in June 2011. In 2013, RREF filed a motion to commence proceedings supplementary to execution on the storage-related judgment per section 56.29(6), Florida Statutes....
...McAlpin transferred all of his LSIG'shares to his wife for nothing in return, jüst a few months before Coastal Bank initiated foreclosure proceedings on the'storage company loan that Mr. McAlpin had personally guaranteed. In situations like this one, the presumption in § 56.29(6) is that a spousal transfer should be voided unless the defendant can prove that it did not make the transfer to delay, hinder, or defraud creditors: Section 56.29 Proceedings supplementary....
...the burden of proof to establish that such transfer ..." was not made to delay, hinder, or defraud creditors. We, reversed for similar reasons in Treated Timber Prods., Inc. v. S & A Assocs., Inc.,
488 So.2d 159, 160 (Fla. 1st DCA 1986), citing §
56.29(6)(a), where a trial court shifted the burden of proof from a debtor company to the creditor to prove that a confidential transfer of building equipment to a sibling’s company was not made to delay, hinder or defraud creditors....
....” Morton v. Cord Realty, Inc.,
677 So.2d 1322, 1324 (Fla. 4th DCA 1996). Finally, the final order addressed whether the McAlpin transfer was made to “hinder” creditors, but not whether it was made to “defraud” or “delay” creditors per §
56.29(6) and relevant UFTA provisions. See Biel Reo, LLC v. Barefoot Cottages Dev. Co., LLC,
156 So.3d 506, 511 (Fla. 1st DCA 2014) (noting that the manner of proving and defending fraudulent transfer claims under §
56.29 borrow from the UFTA)....
...See, e.g., Mejia,
985 So.2d at 1112-13 (applying §
726.105 in evaluating a fraudulent transfer claim); Mansolillo v. Parties By Lynn, Inc.,
753 So.2d 637, 639-40 (Fla. 3d DCA 2000) (applying §
726.106). III. Because the order below indicates that the burden shifting required by §
56.29(6) did not occur, we reverse and remand for additional proceedings consistent with this opinion....
CopyPublished | Florida 3rd District Court of Appeal
...execution on
“any property of the judgment debtor not exempt from execution in the hands of
any person,” or “any property, debt, or other obligation due to the judgment debtor
which may be applied toward the satisfaction of the judgment.” § 56.29(1), Fla.
Stat....
CopyPublished | District Court of Appeal of Florida
applied toward the satisfaction of the judgment.” §
56.29(1), Fla. Stat. (2017). When Mr. Nieto filed his
CopyPublished | District Court of Appeal of Florida | 1995 Fla. App. LEXIS 10949, 1995 WL 607763
...t the trial court’s mandate improperly requires them to pay additional funds to the IRS in order to generate a tax overpayment for 1993 on which First Union could levy judgment. We must agree that this latter claim of error compels reversal. Under section 56.29(5), Florida Statutes, a “judge may order any property of the judgment debtor, not exempt from execution, in the hands of any person or due to the judgment debtor to be applied toward the satisfaction of the judgment debt.” (Emphasis added)....
CopyPublished | Florida 1st District Court of Appeal | 1997 Fla. App. LEXIS 11566, 1997 WL 640650
...did no business in Palm Beach County. The trial court granted the motion to transfer; however, we reverse. In Schwartz v. Capital City First Nat’l Bank,
365 So.2d 181 (Fla. 1st DCA 1978), the court explained that in supplementary proceedings under section
56.29, Florida Statutes that: “venue in the case does not shift from jurisdiction to jurisdiction during such proceeding, but remains with the court which entered the judgment.” As the court noted, section
56.29(2) provides that defendants in supplementary proceedings are to be examined, concerning their property, in the county of their residence....
CopyPublished | Florida 5th District Court of Appeal | 14 Fla. L. Weekly 2756, 1989 Fla. App. LEXIS 6697, 1989 WL 143446
...ac Seville. When appellant defaulted, Dependable Insurance Co., (Dependable) Barnett’s assignee, brought an action to recover on the note, and the trial court entered judgment against appellant. Dependable then sought to levy execution pursuant to Section 56.29, Florida Statutes on the $3000.00 held by appellant’s attorney, and the trial court directed appellant’s attorney to release the funds....
...ed writ of execution and an affidavit averring that the writ is valid and unsatisfied, along with a list of third persons to be impleaded. Wieczoreck v. H & H Builders, Inc.,
450 So.2d 867 (Fla. 5th DCA 1984), affirmed,
475 So.2d 227 (Fla.1985); §
56.29(1), Fla.Stat....
CopyPublished | Florida 4th District Court of Appeal | 9 Fla. L. Weekly 2528, 1984 Fla. App. LEXIS 15967
...A creditor’s bill can only seek relief against a specific asset which is not in the judgment debtor’s name.' Stewart v. Manget, supra; George E. Sebring Company v. O’ Rourke, supra. Of course, any transfer of assets in fraud of creditors is reachable by execution. Riley v. Fatt,
47 So.2d 769 (Fla.1950); Section
56.29 Florida Statutes (1983)....
CopyPublished | Florida 3rd District Court of Appeal | 2011 Fla. App. LEXIS 18176, 2011 WL 5554819
...And, again, it was not the appellees’ burden to establish the element of “without reasonably equivalent value.” For these reasons, we affirm the trial court’s final judgment of involuntary dismissal and the order denying rehearing. Affirmed. . Section 56.29, Florida Statutes (2007)....
CopyPublished | Florida 2nd District Court of Appeal | 9 Fla. L. Weekly 2438, 1984 Fla. App. LEXIS 16548
OTT, Judge. Appellee had a judgment against Forth-ner, who is not a party to this appeal. In proceedings supplementary under section 56.29, Florida Statutes (1983), to collect the judgment, the trial court voided a deed by which Forthner, the judgment debtor, had conveyed his interest in certain real property to appellant, Forthner’s co-tenant....
...On January 21, 1983, appel-lee obtained a default money judgment against Forthner. It was recorded in the public records of Lee County on February 4, 1983. Appellant thereafter recorded her quitclaim deed from Forthner on July 19, 1983. Appellee instituted proceedings supplementary under section 56.29 to force a sale of the subject property to satisfy the money judgment against Forthner’s one-half interest in the property or its proceeds....
...cation that it considered and rejected appellant’s attack on its validity. We hold that the trial court erred in voiding and vacating the conveyance from Forthner to appellant and in awarding attorney’s fees. The trial court apparently relied on section 56.29(6)(b) when it voided the conveyance....
CopyPublished | District Court of Appeal of Florida | 1998 Fla. App. LEXIS 14348, 1998 WL 798714
PER CURIAM. This appeal is before us pursuant to section 56.29, Florida Statutes (1995) (proceedings supplementary), which began as a breach of contract action and eventually involved third party defendants, Kathy and Richard Cole....
CopyPublished | District Court, S.D. Florida | 1981 U.S. Dist. LEXIS 12246
...Although a judgment creditor may question the propriety of any transfer of property by his debtor that does not automatically make section
56.16 the appropriate remedy. The correct procedure to be followed in the instant case is set forth in Fla.Stat. §
56.29 2 which contains two jurisdictional prerequisites for supplementary post judgment proceedings....
...ossession or control, allegedly transferred to them by plaintiff, should not be declared fraudulently acquired, the transfers voided, and those assets levied upon to satisfy defendant’s judgment.” Id. at 435 . It is patently clear that Fla.Stat. § 56.29 is the correct procedure to be followed in execution of judgment where the property sought to be levied on is (a) in the possession or control of a third party; and (b) is titled in the name of a third party....
...ditioned to deliver said property on demand of said officer if it is adjudged to be the property of the defendant in execution and to pay plaintiff all damages found against him if it appears that the claim was interposed for the purpose of delay. . 56.29 Proceedings supplementary.— (1) When any sheriff holds an unsatisfied execution, the plaintiff in execution may file an affidavit so stating and that the execution is valid and outstanding and thereupon is entitled to these proceedings supplementary to execution....
CopyPublished | Court of Appeals for the Eleventh Circuit
Argued: Apr 17, 2024
...In September 2020, the Florida Sec-
retary of State administratively dissolved WPP.
When Sam’s West could not satisfy its judgments against
WPP, it initiated these supplemental proceedings pursuant to Flor-
ida Statute § 56.29....
CopyPublished | Florida 3rd District Court of Appeal
...ed and
dismissed. The Judgment Creditor timely appealed.
1
Ada Turkish Trask 2005 Trust Number One u/d/a January 27, 2005, Paul
M. Cowan, successor trustee.
2
The time limits set forth in section
726.110 apply to proceedings
supplementary. See §
56.29(9), Fla....
CopyPublished | District Court, S.D. Florida | 2010 U.S. Dist. LEXIS 43637, 2010 WL 1778689
...The Collection argues that it is the prevailing party in the proceedings supplementary and as such, should be awarded costs. See The Collection's Motion to Tax Costs (DE# 184 at 2, 1/29/10). *1359 Cobalt opposes the instant motion arguing that the recovery of costs in proceedings supplementary is governed by section
56.29 of the Florida Statutes and not Fed. R.Civ.P. 54(d). See The Cobalt Group, Inc.'s Opposition to The Collection's Motion to Tax Costs (DE# 185 at 2, 2/16/10). Section
56.29(11) states that: "[c]osts for proceedings supplementary shall be taxed against the defendant as well as all other incidental costs determined to be reasonable and just by the court including, but not limited to, docketing the execution, sheriffs service fees, and court reporter's fees." Fla. Stat. §
56.29(11) (emphasis added). Cobalt argues that The Collection cannot recover costs against it because Cobalt was, and continues to be, the judgment creditor and not the "defendant" as referred to section
56.29. See Morton v. Cord Realty, Inc.,
677 So.2d 1322, 1324 (Fla. 4th DCA 1996) (recognizing that the term "defendant" as used in section
56.29, Fla. Stats., refers to the judgment debtor and any transferee who has been impleaded as a defendant). The Court does not need to determine whether Fed.R.Civ.P. 54(d) or section
56.29, Fla. Stats., controls because The Collection is not entitled to an award of costs under either scenario. Section
56.29, Fla....
CopyPublished | District Court of Appeal of Florida
arguments as contrary to the plain text of section
56.29. B. Subsection
56.29(3)’s statute
CopyPublished | Florida 4th District Court of Appeal | 2006 Fla. App. LEXIS 6637
...We dismiss the appeal, because the order is not appealable. Dana Forman is the assignee of a judgment obtained by James Shields against four corporations. Edward Bates was a director, shareholder, and officer of the corporations. Forman moved for proceedings supplementary pursuant to section 56.29, Florida Statutes (2004)....
...Attached to the motion for rehearing was a restitution order entered in favor of Shields in a *1090 criminal case against Bates. The trial court denied the motion. Forman filed this appeal of the order limiting the scope of his questioning of Bates. Section 56.29(4) gave Forman the ability to question Bates as an officer of the defendant corporations and as a fact witness....
...Corp.,
656 So.2d 611, 612 (Fla. 1st DCA 1995). The order in this case was interim and provisional. It was subject to change if Forman demonstrated that Bates possessed property that should be “applied toward the satisfaction of the judgment debt.” §
56.29(5), Fla....
CopyPublished | Florida 4th District Court of Appeal | 2006 WL 1155163
...We dismiss the appeal, because the order is not appealable. Dana Forman is the assignee of a judgment obtained by James Shields against four corporations. Edward Bates was a director, shareholder, and officer of the corporations. Forman moved for proceedings supplementary pursuant to section 56.29, Florida Statutes (2004)....
...Attached to the motion for rehearing was a restitution order entered in favor of Shields in a *1090 criminal case against Bates. The trial court denied the motion. Forman filed this appeal of the order limiting the scope of his questioning of Bates. Section 56.29(4) gave Forman the ability to question Bates as an officer of the defendant corporations and as a fact witness....
...Corp.,
656 So.2d 611, 612 (Fla. 1st DCA 1995). The order in this case was interim and provisional. It was subject to change if Forman demonstrated that Bates possessed property that should be "applied toward the satisfaction of the judgment debt." §
56.29(5), Fla....
CopyPublished | District Court of Appeal of Florida | 1990 Fla. App. LEXIS 3148, 1990 WL 57796
...Whether Allen misappropriated corporate funds is not at issue here, but for purposes of determining the scope of Hin-son’s rights in a proceeding supplementary to execution, we find that such a misappropriation may create in University Home Foundation a potential right of action against Allen to recover these funds. Section 56.29(5), Florida Statutes, provides that in a proceeding supplementary, “[t]he judge may order any property of the judgment debtor ......
CopyPublished | Florida 3rd District Court of Appeal | 2013 WL 2321189, 2013 Fla. App. LEXIS 8461
...Under Florida law, a party is entitled to proceedings supplementary if the party: (1) establishes that the party is the holder of an unsatisfied judgment; (2) identifies the issuing court and case number; (3) states the unsatisfied amount of the judgment; and (4) confirms that execution is valid and outstanding. § 56.29(1), Fla....
CopyPublished | Supreme Court of Florida
...We have jurisdiction. See art. V, § 3(b)(4),
Fla. Const.
For the reasons discussed below, we approve the holding in
Buechel that a trial court may order a defendant over whom it has
in personam jurisdiction to act on foreign property pursuant to
section 56.29(6), Florida Statutes (2021), and disapprove Sargeant
to the extent that it holds otherwise.
FACTS AND PROCEDURAL HISTORY
The underlying cause of action filed by Petitioners Young Bock
Shim and Cellumed Co., Ltd.,...
...Creditors filed a motion to compel Shim to turn the
proceeds over to Creditors, arguing the trial court could order Shim
to do so pursuant to its in personam jurisdiction over Shim and the
-2-
broad discretion granted to courts under section 56.29(6)....
...5th DCA 2014)). Because Shim’s property was in South Korea,
the trial court denied Creditors’ motion for lack of jurisdiction. Id.
at 6.
On appeal, the district court reversed. Buechel, 46 Fla. L.
Weekly at D266. The court explained that section 56.29(6) plainly
authorizes a trial court to “order a debtor, over whom the court has
in personam jurisdiction, to act on assets located outside of the
court’s territorial jurisdiction” and “in no way limits the court’s
reach to its territorial boundaries.” Id....
...Florida,” notwithstanding its in personam jurisdiction over the
judgment debtor.
137 So. 3d at 433.
This review followed.
ANALYSIS
Trial courts have broad authority to carry out the execution of
monetary judgments under section
56.29(6), which provides:
The court may order any property of the judgment
debtor, not exempt from execution, or any property, debt,
or other obligation due to the judgment debtor, in the
hands of or under the contro...
... such person has retained the property, subject to
applicable principles of equity, and in accordance with
chapters 76 and 77 and all applicable rules of civil
procedure. Sections
56.16-56.20 apply to any order
issued under this subsection.
§
56.29(6), Fla....
...1984) (“[W]hen the language of a
statute is clear and unambiguous and conveys a clear and definite
meaning, there is no occasion for resorting to the rules of statutory
interpretation and construction; the statute must be given its plain
and obvious meaning.”)).
Section 56.29(6) unambiguously provides a trial court broad
authority to “order any property of the judgment debtor ....
...to be
levied upon and applied toward the satisfaction of the judgment
debt,” including “any property, debt, or other obligation due to the
-5-
judgment debtor, in the hands of or under the control of any person
subject to a Notice to Appear.” § 56.29(6), Fla....
...eak to judgment
debtors over whom the trial court has no personal jurisdiction. See
Morrison v. Nat’l Austl. Bank Ltd.,
561 U.S. 247, 255 (2010) (“When
a statute gives no clear indication of an extraterritorial application,
it has none.”). Section
56.29(6), however, clearly contemplates that
the trial court shall have obtained personal jurisdiction over the
judgment debtors to whom the statute is being applied.
Moreover, as the Buechel court explained, it is well-established
t...
...-7-
accountable and prevent the defendant from relocating assets to
avoid execution of a judgment.
The trial court here undisputedly had in personam jurisdiction
over Shim, and it therefore could compel him to act on his foreign
assets under section 56.29(6).
CONCLUSION
For the reasons discussed, we approve the holding in Buechel
that section 56.29(6) provides a trial court the authority to order a
defendant over whom it has in personam jurisdiction to act on
foreign property and disapprove Sargeant to the extent that it holds
otherwise.
It is so ordered.
CANADY, C.J., a...
CopyPublished | District Court of Appeal of Florida | 1976 Fla. App. LEXIS 14569
PEARSON, Judge. The appellants Carlos M. Vazquez, Carmen Vazquez and Waldina Borrero are the record titleholders of real property. They were impleaded in proceedings supplementary to execution. See Fla.Stat. § 56.29....
CopyPublished | District Court of Appeal of Florida | 1971 Fla. App. LEXIS 6519
...olding that the defendants were entitled to a judgment as a matter of law. This appeal ensued; we affirm. First, the action could not be maintained as a creditor’s bill pursuant to the provisions of
68.05, Fla.Stat., F.S.A., nor as an action under §
56.29(6) (a), Fla.Stat., F.S.A....
CopyPublished | District Court of Appeal of Florida | 10 Fla. L. Weekly 1298, 1985 Fla. App. LEXIS 14037
and attempted to depose Tubero pursuant to section
56.29(2), Florida Statutes (1983). Tubero, in turn
CopyPublished | District Court of Appeal of Florida | 11 Fla. L. Weekly 1114, 1986 Fla. App. LEXIS 7874
denying its petition for supplemental relief under §
56.29 Florida Statutes (1983). We conclude that the trial
CopyPublished | District Court of Appeal of Florida | 1993 Fla. App. LEXIS 3842, 1993 WL 98670
...The Luskins’ remaining arguments that the homestead determination should be vacated are also without merit. The Luskins claim the determination was invalid because they were not given proper service, adequate notice, or an adequate opportunity to adduce the evidence. But proceedings supplementary to judgment under section 56.29, Florida Statutes (1989), are simply a continuation of the same proceeding....
...alidating the Luskins’ subpoenas, were mailed to the Luskins in the manner set forth in the December 5,1989 order. The facts and the record indicate that the appellants were properly served and properly noticed. The second issue on appeal involves section 56.29(1), Florida Statutes (1989), which sets forth the prerequisites for invoking supplemental proceedings....
...The supplemental judgment is affirmed herein, and the civil theft money judgment was affirmed by this court on December 23, 1992. Thus, we affirm this issue on appeal. The decisions of the trial court are affirmed. As such, the appellees are entitled to their reasonable attorney’s fees in accordance with section
56.29(11), and section
59.46, Florida Statutes (1989)....
CopyPublished | Florida 3rd District Court of Appeal | 1992 Fla. App. LEXIS 3972, 1992 WL 61320
PER CURIAM. The issues presented in this case are the same ones we addressed in the companion case of Patterson v. Venne,
594 So.2d 331 (Fla. 3d DCA 1992): (1) Whether a nonresident person who is impleaded in a proceeding supplementary pursuant to section
56.29, Florida Statutes (1989), may be compelled to appear in Dade County for discovery where there is otherwise no basis for long-arm jurisdiction, and (2) whether venue was proper in Dade County for proceedings supplemental after the underlying action was concluded....
CopyPublished | Florida 5th District Court of Appeal | 2013 WL 1234193, 2013 Fla. App. LEXIS 5141
...There is presently due and owing upon the Judgment the sum of $2,630,-512,68, plus post-judgment interest as of the date of the judgment at the rate of 4.75% per annum. 3. In order to conceal LD PROJECTS’ assets from OKALOOSA, LD PROJECTS fraudulently transferred its assets in violation of Chapter 726 and § 56.29(6)(a) & (b), Florida Statutes, to Defendants, WILLIAM J....
...See Authorization attached hereto as Exhibit “F.” 4. OKALOOSA hired Broad and Cas-sel to pursue this action and is obligated to pay the firm a reasonable fee for its services. OKALOOSA requests that this court award it the attorneys’ fees and costs incurred in this action pursuant to §
56.29(11), Florida Statutes and §
57.115(1), Florida Statutes....
...KEARNEY IRREVOCABLE FAMILY TRUST DATED AUGUST 22, 2011 or THE CAMILLE FAMILY HOLDING TRUST DATED AUGUST 26, 2011 be applied to the satisfaction of the judgment debt, including the imposition and foreclosure of an equitable lien on real property; and d. Award OKALOOSA costs and attorneys’ fees for these proceedings under §
56.29(11), Florida Statutes and §
57.115(1), Florida Statutes....
...roceedings supplementary. The record on appeal does not contain a transcript of the hearing held on Okaloosa’s motion for proceedings supplementary, and the order denying Okaloosa’s motion for proceedings supplementary does not contain findings. Section 56.29, Florida Statutes, governs “Proceedings supplementary.” Relying upon Regent Bank v....
...4th DCA 2005), and B & I Contractors, Inc. v. Mel Re Constr. Mgt.,
66 So.3d 1035, 1038 (Fla. 2d DCA 2011), Okaloosa asserts that the statute creates an absolute entitlement. In Regent Bank , the Fourth District Court of Appeal addressed the process of impleading a third party under section
56.29, Florida Statutes: “The predicate for impleading a third party under section
56.29 is that the judgment creditor file an affidavit showing that the sheriff holds an unsatisfied writ of execution on a money judgment and that the unsatisfied execution is valid and outstanding.”
636 So.2d at 886 ....
...“[B]ecause the judgment creditor made the required statutory showing, the trial court had no discretion to deny the application.” Id. Subsequently, in Biloxi, the Fourth District said that an appellant was “entitled to proceedings supplementary pursuant to section
56.29, Florida Statutes,” where the “[a]ppellant ha[d] a valid outstanding judgment lien” and “filed an affidavit stating that the judgment remain[ed] unsatisfied.”
900 So.2d at 734 ....
...The Second District Court of Appeal “conclude[d] that the trial court erred in denying [appellant’s] entitlement to proceedings supplementary in light of the facial sufficiency of its pleadings and affidavit.” Id. at 1038 . In reach *1214 ing its conclusion, the Second District explained: Section 56.29 provides for proceedings supplementary....
...tify the issuing court and case number, state the unsatisfied amount of the judgment, and confirm that the execution is valid and outstanding. By filing such an affidavit, the holder “is entitled to these proceedings supplementary to execution.” § 56.29(1)....
...rights over the chose in action. See, e.g., Gen. Guar. Ins. Co. of Fla. v. DaCosta,
190 So.2d 211 (Fla. 3d DCA 1966). On its face, this statute allows the holder to pursue property that the debtor held within one year of the service of process. See §
56.29(6)(a). The statute also allows the holder to pursue property that the debtor transferred or conveyed in order to defraud creditors. See §
56.29(6)(b)....
CopyPublished | Florida 2nd District Court of Appeal | 2008 Fla. App. LEXIS 4327, 2008 WL 782880
...facilitate collection of the Ohio judgment. See Fla. R. Civ. P. 1.550. II. THE PROCEEDINGS SUPPLEMENTARY In August 2004, Mr. Thackeray filed a motion for proceedings supplementary in case number 00-2120CI-HNO, alleging only the basic requirements of section 56.29(1), Florida Statutes (2004)....
...The motion and supporting affidavit claim that the sheriff held an unsatisfied execution that was valid and outstanding. Apparently, Mr. Thackeray was explaining that a sheriff in Ohio held such an execution on an Ohio judgment. Without objection, an order for proceedings supplementary was issued. Section 56.29 authorizes any person to request proceedings supplementary when he or she “holds an unsatisfied judgment or judgment lien obtained under chapter 55.” § 56.29(1)....
...lerk in Florida would give a Florida case file number to an Ohio judgment when it was submitted pursuant to this statute. . The attorneys handling this appeal for both sides were not the attorneys of record in the circuit court during this period. . Section 56.29 authorizes a judge to order property of the debtor that is “in the hands of any person or due to the judgment debtor to be applied toward the satisfaction of the judgment debt.” § 56.29(5)....
CopyPublished | District Court of Appeal of Florida
proceedings supplementary is authorized by section
56.29, Florida Statutes (2017). In Longo v. Associated
CopyPublished | Florida 4th District Court of Appeal | 2010 Fla. App. LEXIS 2943, 2010 WL 785936
...uthorizing Levy was procedurally and legally deficient. Specifically, the Gamezes argued that a judgment creditor seeking to levy upon real property titled in the name of a third party/non- *223 debtor must implead that third party and proceed under section 56.29, Florida Statutes (2005), which Cypress Recovery had failed to do....
...h involves the levy of real property. The trial court denied the Gamezes’ Motion to Quash/Vacate. Gilberto and Sandra Gamez now timely appeal. The Gamezes insist that Cypress Recovery was and is required to initiate proceedings supplementary under section 56.29, Florida Statutes, and that its failure to do so violates their procedural due process rights. Generally, section 56.29 provides that a judgment creditor may file an affidavit stating that it holds an unsatisfied judgment and that the execution is valid and outstanding. § 56.29(1), Fla....
...which are a “procedural mechanism that provide a judgment creditor with means to investigate assets of the judgment debtor that might be used to satisfy a judgment.” In re Hill,
332 B.R. 835, 843 (M.D.Fla.2005). The Gamezes point specifically to section
56.29(5) which provides: “The judge may order any property of the judgment debtor, not exempt from execution, in the hands of any person or due to the judgment debtor to be applied toward the satisfaction of the judgment debt.” As this co...
...ch might be appropriated to satisfy the judgment.” Conrad v. McMechen,
338 So.2d 1306, 1307 (Fla. 4th DCA 1976). Cypress calls this court’s attention to In re Hinton,
378 B.R. 371 (M.D.Fla.2007), in which the court stated that a plain reading of section
56.29 makes it clear that the “court’s powers to help a judgment creditor obtain transferred property expressly apply only to personal property and not to real property.” Id....
CopyPublished | Florida 1st District Court of Appeal
Per Curiam. *789 RREF SNV-FL SSL, LLC, appeals an order denying its motion to avoid a fraudulent transfer brought pursuant to section 56.29, Florida Statutes (2013)....
...RREF appealed, and we reversed. Id. We concluded that the trial court wrongly placed the burden of proof on RREF. Id. at 91 . We explained that it was the appellees' burden to demonstrate the transfer was not fraudulent. Id. ("In situations like this one, the presumption in §
56.29(6) is that a spousal transfer should be voided unless the defendant can prove that it did not make the transfer to delay, hinder, or defraud creditors ...."); see also §
56.29(6)(a), Fla. Stat. (2013) ; * Morton v. Cord Realty, Inc. ,
677 So.2d 1322 , 1324 (Fla. 4th DCA 1996) (noting that §
56.29"shifts the burden to the defendant in proceedings supplementary to prove that a transfer made within one year before service of process is not fraudulent as to creditors")....
...Thus, the transfer cannot be challenged as a fraudulent transfer ...."). AFFIRMED . Jay and Winsor, JJ., concur; Roberts, J., concurs in result only. The statutory provision shifting the burden of proof to the judgement debtor in supplementary proceedings is now in section 56.29(3)(a), Fla....
CopyPublished | Florida 3rd District Court of Appeal
...the LLC failed to make the required deposit, Forastero could sue the LLC for
the funds and retain the funds as liquated damages. Segal was neither a
party to the agreement, nor a personal guarantor of the LLC’s performance
of the agreement.
1
See § 56.29, Fla....
...On October 13, 2018, the trial court granted Forastero’s motion to
implead Segal and directed Segal to appear and to file an affidavit stating
why Segal’s funds and assets should not be used to satisfy Forastero’s
judgment against the LLC. See § 56.29(2), Fla....
CopyPublished | Florida 3rd District Court of Appeal | 2014 WL 2756524, 2014 Fla. App. LEXIS 9219
...3d DCA 2008) (citing Ferguson v. State Exch. Bank,
264 So.2d 867 (Fla. 1st DCA 1972)). By returning an unsatisfied writ of execution against Yali Golan and providing an affidavit to that effect—and identifying third persons to be impleaded—Puleo satisfied the requirements of section
56.29, Florida Statutes (2011), for the commencement of the proceedings supplementary against Leslie Go *44 lan....
...Section 56129 specifically applies to fraudulent transfer claims of the kind asserted here,- following entry of the final judgment establishing a transferor’s judgment debt. Amjad Munim, M.D., P.A. v. Azar,
648 So.2d 145, 150 (Fla. 4th DCA 1994). Impleading additional parties under section
56.29 does not, however, “in and of itself imply liability, on the part of the impleaded third parties.” Mejia , at 1112....
CopyPublished | Florida 2nd District Court of Appeal | 1990 Fla. App. LEXIS 4285, 15 Fla. L. Weekly Fed. D 1614
...In his motion for proceedings supplementary, Dr. Musella requested the trial court to award him a sufficient interest in the note to satisfy his cost judgment. As Dr. Musella admits, however, he failed to file a supporting affidavit stating that the execution was valid and outstanding. § 56.29(1), Fla.Stat....
...The court also correctly denied the garnishment request because the payments on the installment note were current. Gieger v. Sun First Nat’l Bank of Orlando,
427 So.2d 815 (Fla. 5th DCA 1983). On appeal, Mrs. Sullivan maintains that an affidavit under section
56.29(1) is a jurisdictional prerequisite for proceedings supplementary....
...The opinion in Nestor does not indicate whether the absence of an affidavit was raised and preserved in the trial court. We believe that the Nestor court used the concept of jurisdictional prerequisite to describe conditions precedent to jurisdiction rather than true subject matter jurisdiction. Section 56.29(1), Florida Statutes (1987), states: (1) When any sheriff holds an unsatisfied execution, the plaintiff in execution may file an affidavit so stating and that the execution is valid and outstanding and thereupon is entitled to these proceedings supplementary to execution....
CopyPublished | District Court of Appeal of Florida | 1968 Fla. App. LEXIS 5336
...Samuel, Fla.App.1966,
184 So.2d 516 . We further hold that appellant’s remaining points are without substantial merit. Central Hardware Co. v. Stampler, Fla.App.1965,
180 So.2d 205 . No harmful error having been made to appear, the judgment appealed is affirmed. Affirmed. . Section
56.29(6), Fla.Stat., F.S.A., 1967 Revision.
CopyPublished | District Court of Appeal of Florida
commence proceedings supplementary pursuant to section
56.29, Florida Statutes (2018), to collect on it.
CopyPublished | District Court of Appeal of Florida
proceedings supplementary brought pursuant to section
56.29 of the Florida Statutes, appellants Adweiss
CopyPublished | Florida 4th District Court of Appeal | 2003 Fla. App. LEXIS 11060, 2003 WL 21697185
...dered the petitioner to appear in *116 Broward County, at a time and date certain. Petitioner argues that the order requiring his appearance for examination in Bro-ward County constitutes a departure from the essential requirements of law. We agree. Section 56.29(2) specifically provides that “the court shall require the defendant in execution to appear before it or a master at a time and place specified by the order in the county of the defendant’s residence to be examined concerning his or her property.” § 56.29(2), Fla....
CopyPublished | Florida 1st District Court of Appeal | 11 Fla. L. Weekly 1612, 1986 Fla. App. LEXIS 9001
...nd. Failure to do so prevented them from having their day in court. Robert B. Ehmann, Inc. v. Bergh,
363 So.2d 613 (Fla. 1st DCA 1978). Moreover, the trial court’s order requiring the third parties to be examined in Broward County was error. Under section
56.29(2), Florida Statutes (1985), the trial court should arrange for a special master to examine them in the county where they reside....
CopyPublished | District Court of Appeal of Florida
inapplicable to proceedings supplementary under section
56.29, Florida Statutes (2018). We disagree and affirm
CopyPublished | District Court of Appeal of Florida | 1978 Fla. App. LEXIS 17172
...nd January, 1975, just prior to trial. “6. Plaintiffs-in-Execution have proven by substantial competent evidence that the conveyance of the 37 apartments and 12 mortgages listed in Schedule A was made to delay, hinder and defraud creditors. F.S. §§ 56.29(6); 726.01....
...ed judge was correct in vacating the money judgments against the implead-ed third parties, Miramar Holding Corp., Miramar Construction Co, and Robert Susi, as the above impleaded third parties possessed none of the assets of the judgment debtor. See Section 56.29, Florida Statutes (1977)....
CopyPublished | Florida 3rd District Court of Appeal
...The
judgment creditors then filed an ex parte motion to commence proceedings
supplementary and to implead the law firm as a third party (“the impleader
1
The judgment creditors are appellees Sarina Sechrist, Vincent Osborne,
Margaret Tasayco, Michael Cure, Cristina Serrano and Eva Bryant.
2
See § 56.29, Fla....
...ter being served (“the
impleader order”).
On February 20, 2020, the judgment creditors served process on the
law firm. On March 6, 2020, the law firm moved to quash service of process,
arguing, in part, that service did not comply with section 56.29 of the Florida
Statutes....
...Instead, citing only to Florida Rule of Civil Procedure
1.540(b), the law firm filed below its December 3, 2020 “Motion to Vacate or
Reconsider” the December 3, 2019 impleader order (“vacatur motion”). The
vacatur motion argued, once again, that service did not comply with section
56.29....
CopyPublished | Florida 4th District Court of Appeal
alternative basis for the award of attorney’s fees, section
56.29, Florida Statutes (2016). As noted in the Former
CopyPublished | District Court of Appeal of Florida | 1979 Fla. App. LEXIS 15832
...This statute was subsequently repealed in 1977, and a different remedy exists today. See: Sections 494.042, 494.043, 494.044, Florida Statutes (1977). . This procedure is unknown to the Rules of Procedure. The matter had been concluded by the final judgment entered on June 9, 1978. . Pursuant to Section 56.29(9), Florida Statutes (1977).
CopyPublished | Florida 1st District Court of Appeal | 1991 Fla. App. LEXIS 379, 1991 WL 4320
...1518 ,
89 L.Ed.2d 916 (1986). We disagree with appellant that it is entitled to a judgment as a matter of law on the alleged fraudulent transfers but we agree that any trial or further proceedings after discovery should be conducted in accord with section
56.29, Florida Statutes (1987)....
CopyPublished | Florida 3rd District Court of Appeal
...al Certificate 25,
having pledged the Membership Units, some nine years earlier, to Yepez as
collateral for the Yepez loan. Mississippi then filed its third Turnover Motion, in
which it asked the trial court to exercise its equitable powers under section 56.29(6)
5
of the Florida Statutes 3 and fashion a remedy to overcome Ramos’s inability to
comply with the redemption provisions of the Merger Agreement.
D....
...In the Order,
the trial court found that Ramos, by pledging the Membership Units as collateral for
the Yepez loan, “created the circumstances of his inability to comply with the
requirements of the Merger Agreement.” The trial court, in reliance upon section
56.29(6), ordered Sunstate to remit to Mississippi the sum of $2,827,034 4 to satisfy
the Charging Order, irrespective of the redemption provisions of the Merger
Agreement....
...The court may enter any orders, judgments, or
writs required to carry out the purpose of this section . . . against any person to whom
a Notice to Appear has been directed and over whom the court obtained personal
jurisdiction . . . , subject to applicable principles of equity . . . .” § 56.29(6), Fla.
Stat....
...6
claims related to the Membership Units. Both Ramos and Sunstate timely appealed
the Order.
II. Analysis 5
Ramos and Sunstate argue that, in fashioning its remedy benefiting judgment
creditor Mississippi under the auspices of section
56.29, the trial court contravened
the express limitations set forth in section
605.0503, which governs a judgment
creditor’s rights with respect to a judgment debtor’s membership interest in a limited
liability company. Mississippi counters by asserting that section
56.29 vests the trial
court with broad equitable powers in proceedings supplementary and provides
sufficient authority for the trial court to fashion the remedy prescribed in the Order.
Given the facts of this case, we agree with Ramos and...
...6
5
We review a question of law arising from supplementary proceedings below de
novo. Longo v. Associated Limousine Servs., Inc.,
236 So. 3d 1115, 1118 (Fla. 4th
DCA 2018).
6
Because we reverse on this ground, we do not reach, and express no opinion on,
Sunstate’s argument that section
56.29’s authority for the trial court to fashion an
equitable remedy in proceedings supplementary does not include the power to alter
the express terms of a bilateral agreement, such as the Merger Agreement, when one
of the parties to the a...
...section
605.0503(1) is a judgment creditor’s “sole and exclusive remedy” regarding
a judgment debtor’s membership interest in a multi-member limited liability
company. Hence, notwithstanding the equitable powers vested in a trial court
pursuant to section
56.29(6), we are compelled to reverse the Order because the
relief provided therein to Mississippi exceeds the express scope of relief a trial court
may afford a judgment creditor under section
605.0503(1).
Reversed....
CopyPublished | Florida 2nd District Court of Appeal | 2014 WL 444019, 2014 Fla. App. LEXIS 1417
...The order explicitly contemplated further judicial action. Indeed, the order provided that a final judgment would be entered by later separate order. We must reject the Estate’s suggestion that we ignore the nonfi-nal nature of the order because supplementary proceedings, see § 56.29, Fla....
CopyPublished | District Court of Appeal of Florida | 13 Fla. L. Weekly 344, 1988 Fla. App. LEXIS 343, 1988 WL 6068
...ubstantial portion of the total price paid by El Rodeo was attributed to the 1982 equipment. Marco contends, however, that the 1982 machinery is still owned by New Haven Sugar and is therefore subject to the outstanding writ of execution pursuant to section 56.29(5), Florida Statutes (1985), which provides: The judge may order any property of the judgment debtor, not exempt from execution, in the hands of any person or due to the judgment debtor to be applied toward the satisfaction of the judgment debt....
CopyPublished | Florida 3rd District Court of Appeal
...4
Later, on October 30, 2018, BNP filed a motion for proceedings
supplementary and to implead the United Trust entities, as trustees of Apollo,
as defendants, which the trial court granted on November 13, 2018, issuing
notices to appear in compliance with section 56.29(2), Florida Statutes.
Apollo and United Trust filed a limited response contesting personal
jurisdiction and moved to dismiss for lack of personal jurisdiction....
...Salami,
554 So. 2d at 500 (quoting World-Wide Volkswagen Corp. v.
Woodson,
444 U.S. 286, 297 (1980)).
8
attach artwork located in Miami-Dade County, which may be applied toward
the satisfaction of the Jersey judgment. §
56.29(2), Fla....
...In Mejia, the
plaintiff/appellant Australia Mejia instituted proceedings supplementary
against impleaded parties to attach the proceeds of an alleged fraudulent
sale of an apartment complex by the judgment debtor. Mejia,
985 So. 2d at
1111. In that case, this court considered whether the transfer was void
pursuant to section
56.29(6)(b), Florida Statutes. Section
56.29(6)(b),
Florida Statutes, renders void any transfer, assignment, or other conveyance
of personal property made or contrived by defendant to delay, hinder or
defraud creditors. §
56.29(6)(b), Fla....
CopyPublished | Florida 3rd District Court of Appeal | 2009 Fla. App. LEXIS 19078, 2009 WL 4639638
...In July 2007, the appellee was replaced as special magistrate by a circuit court general magistrate. The general magistrate filed her report in September 5, 2007. A year later, the appellee filed a motion to have his fees paid by PMI. The trial court granted the motion, and PMI appealed. Subsection 56.29(11), Florida Statutes (2006), [2] provides that costs in proceedings supplementary are taxable against the judgment debtor....
...PMI may recover the fee from the judgment debtor as costs at the conclusion of the proceedings supplementary. Id.; Calderon v. Kalb,
963 So.2d 857 (Fla. 3d DCA 2007). Affirmed. NOTES [1] PMI's motion for proceedings supplementary specifically referred to examination before the court or a "special magistrate." Subsection
56.29(2), Florida Statutes (2006), allows the examination to be conducted by the court, a general magistrate, or a special magistrate. Under subsection
56.29(7), a special magistrate "shall be paid the fees provided by law." Section
69.051, Florida Statutes (2006), provides that a special magistrate "appointed by the court shall be allowed such compensation for any services as the court deems reasonable...." [2] Section
56.29(11) provides: "Costs for proceedings supplementary shall be taxed against the defendant as well as all other incidental costs determined to be reasonable and just by the court including, but not limited to, docketing the execution, sheriff's service fees, and court reporter's fees. Reasonable attorney's fees may be taxed against the defendant." (Emphasis added). [3] The Florida Bar, Creditors' and Debtors' Practice in Florida §
11.12, at 11-15 (3d. ed. 2007) (citing §
56.29(7), (11), Fla....
CopyPublished | District Court of Appeal of Florida | 14 Fla. L. Weekly 2818, 1989 Fla. App. LEXIS 6844, 1989 WL 147390
...H & H Builders, Inc.,
450 So.2d 867 (Fla.5th DCA 1984), affirmed
475 So.2d 227 (1985) and Coloso Boat Corp. v. Souza,
492 So.2d 1100 (Fla.4th DCA 1986). The trial court should conduct an examination of the judgment creditor or appoint a master to do this for it. Section
56.29(2), Florida Statutes....
CopyPublished | Florida 2nd District Court of Appeal
...Other than
relying upon the statutory language, White Hawk cites no other legal
authority for this proposition.
4 In fact, the majority of receivership cases fall in the "before
judgment" category. The "after judgment" receivership cases are more
commonly found under section 56.29, Florida Statutes, in proceedings
supplementary to satisfy a judgment debt....
CopyPublished | Florida 5th District Court of Appeal | 1991 Fla. App. LEXIS 12522, 1991 WL 267983
...siness as “Flooring Options by Lahav.” Pursuant to the trial court’s order granting the Wein-steins’ motion for supplementary proceedings, the Weinsteins were authorized to implead, as third party, the above referenced successor corporation. Section 56.29, Florida Statutes (1989), requires the filing of an affidavit showing a valid unsatisfied writ of execution on any assets prior to instituting supplementary proceedings....
...The instant order was predicated upon the filing of only an affidavit by Mr. *1057 Weinstein stating that attempts to collect on the judgment issued in his favor had failed. The sheriff did not hold an unre-turned, unsatisfied writ of execution. This action was thus not sufficient and clearly did not comply with section 56.29....
CopyPublished | Florida 3rd District Court of Appeal | 2015 Fla. App. LEXIS 18782, 2015 WL 9263988
...Roberson,
116 So.3d 556 (Fla. 3d DCA 2013); Salauddin v. Bank of America, N.A.,
150 So.3d 1189 (Fla. 4th DCA 2014), we hold that the trial court properly entered an order of involuntary dismissal; as Wells failed to establish a prima facie case, pursuant to section
56.29(6)(a), Florida Statutes (2010), that Robert Sacks held title to the personal property in the trust, and that the removal of Robert Sacks as an alternate co-trustee constituted a transfer....
CopyPublished | Florida 3rd District Court of Appeal
...Roberson,
116 So. 3d 556 (Fla. 3d DCA 2013);
Slauddin v. Bank of America, N.A.,
150 So. 3d 1189 (Fla. 4th DCA 2014), we
hold that the trial court properly entered an order of involuntary dismissal, as Wells
failed to establish a prima facie case, pursuant to section
56.29(6)(a), Florida
Statutes (2010), that Robert Sacks held title to the personal property in the trust,
and that the removal of Robert Sacks as an alternate co-trustee constituted a
transfer....
CopyPublished | Florida 4th District Court of Appeal
...Jaime, LLP.
Nicole K. Atkinson and Amy S.L. Terwilleger of Gunster, Yoakley &
Stewart, P.A., West Palm Beach, for appellee Fowler White Burnett, P.A.
GROSS, J.
This case involves the interplay between the proceedings
supplementary statute (section
56.29, Florida Statutes) and the Uniform
Fraudulent Transfer Act (chapter 726, Florida Statutes). We hold that
appellants’ fraudulent transfer claims brought under the ambit of section
56.29 were subject to the time limitations of chapter 726, so they were
time barred by the application of section
726.110, Florida Statutes.
Background and the Alleged Fraudulent Transfers 1
1 This statement of facts is limited t...
...$511,267.85 to Ritter Zaretsky.
Proceedings Supplementary
On February 27, 2019, the Plaintiffs moved to commence proceedings
supplementary, seeking entry of judgments against Fowler White and
Ritter Zaretsky pursuant to sections 56.29(1), (2), (3)(b), and (6), Florida
Statutes....
...fraudulent transfer claims were barred by chapter 726’s statute of
limitations because the claims were not brought within four years of the
transfers or within one year after the transfers reasonably could have been
discovered. Fowler White argued that section 56.29(3)(b) did not provide
a basis for an award of money damages and that the “Plaintiffs must
necessarily proceed under subsection (9) and remain subject to Chapter
726, including its statute of limitations.” Fowler White contended that the
Plaintiffs’ claims—brought solely through a Notice to Appear—were
3
procedurally improper because the Plaintiffs were required to file a
supplemental complaint pursuant to section 56.29(9).
Ritter Zaretsky similarly moved for summary judgment based upon the
statute of limitations.
In two separate orders, the trial court granted summary judgment in
favor of Fowler White and Ritter Zaretsky, prompting this appeal...
...A summary judgment is reviewed de novo. Gomez v. Fradin,
41 So. 3d
1068, 1071 (Fla. 4th DCA 2010). Likewise, a trial court’s interpretation of
a statute is reviewed de novo. Parker v. Parker,
185 So. 3d 616, 618 (Fla.
4th DCA 2016).
The Trial Court Properly Applied Section
56.29(9) and the Statute
of Repose in Section
726.110, Florida Statutes
A. The Plaintiffs’ Arguments
On appeal, the Plaintiffs argue that the trial court erred in ruling that
their fraudulent transfer claims could be pursued only under section
56.29(9) and were thus subject to the limitations periods in section
726.110. The Plaintiffs contend that they could proceed on their
fraudulent transfer claims pursuant to sections
56.29(2), (3)(b), and (6),
independent of section
56.29(9).
According to the Plaintiffs, the trial court improperly construed the
term “personal property” in section
56.29(3)(b) to mean only personal
property currently in the possession of a transferee that was capable of
being immediately seized by the Sheriff for execution. Furthermore, the
Plaintiffs argue, section
56.29(6) expands the relief that may be afforded
to a judgment creditor under section
56.29(3)(b) by allowing the entry of
money judgments against any person to whom a notice to appear has been
directed, irrespective of whether such person retained the property.
The Plaintiffs maintain that the legislature’s use of the word “section”
in subsection (6) makes it clear that the various forms of relief in
subsection (6) apply to the entirety of section
56.29, including subsection
(3)(b). Finally, the Plaintiffs argue that the inclusion of chapter 726 in
section
56.29(9) impliedly excludes chapter 726 from the other
subsections of section
56.29.
4
B....
...Dep’t
of Health,
898 So. 2d 61, 64 (Fla. 2005). “[T]he statute’s plain and ordinary
meaning must control, unless this leads to an unreasonable result or a
result clearly contrary to legislative intent.” Id.
C. Proceedings Supplementary Under Section
56.29
A proceeding supplementary is a post-judgment proceeding that allows
a judgment creditor “to ferret out what assets the judgment debtor may
have or what property of his others may be holding for him, or may have
received from him to defeat the collection of the lien or claim, that might
be subject to the execution.” Young v. McKenzie,
46 So. 2d 184, 185 (Fla.
1950).
Section
56.29, Florida Statutes, governs proceedings supplementary
and was last amended in 2016....
...The purpose of the statute is to “enable
speedy and direct proceedings in the same court in which the judgment
was recovered to better afford to a judgment creditor the most complete
relief possible in satisfying the judgment.” Id. (citation omitted).
Proceedings under section
56.29 are not independent causes of action, but
rather are post-judgment proceedings that permit a creditor to effectuate
5
an existing judgment lien. Uoweit, LLC v. Fleming,
300 So. 3d 1201, 1203
(Fla. 4th DCA 2020).
The current version of section
56.29 contains the following provisions
relevant to this appeal.
Section
56.29(2) allows a judgment creditor to pursue any property of
the judgment debtor not exempt from execution in the hands of any person
or any property, debt, or other obligation due to the judgment debtor which
may be applied toward the satis...
...he
judgment, then the court shall issue a Notice to Appear. . . .
The Notice to Appear must describe with reasonable
particularity the property, debt, or other obligation that
may be available to satisfy the judgment . . . .
§
56.29(2), Fla. Stat. (2018) (emphasis added). This court has stated that
section
56.29(2) “is well-suited to fraudulent transfer cases . . . .” Longo,
236 So. 3d at 1120. However, in context, the Longo court was merely
noting that the description requirement of section
56.29(2) made more
sense in fraudulent transfer cases than in alter ego cases. Id. at 1120–21.
Section
56.29(3)(b) allows a court to void a judgment debtor’s
fraudulent transfer of personal property and direct the sheriff to take the
property to satisfy the execution:
(3)(b) When any gift, transfer, assignment or other conveyance...
...execution or property which has passed to a bona fide
6
purchaser for value and without notice. Any person aggrieved
by the levy or Notice to Appear may proceed under ss.
56.16-
56.20.
§
56.29(3)(b), Fla. Stat. (2018) (emphasis added).
We agree with the analysis of a federal bankruptcy court that section
56.29(3)(b) does not provide for an award of money damages and that relief
is limited to avoiding transfers of personal property in situations where the
property may be seized to satisfy the execution:
Subsection (3)(b) provides a narr...
...be the same property that the judgment debtor
transferred and must be something identifiable that the
sheriff may seize.
In re British Am. Ins. Co. (BAICO),
607 B.R. 753, 757 (Bankr. S.D. Fla.
2019) (emphasis added) (footnote omitted).
Section
56.29(6) allows the court to enter any “orders, judgments, or
writs required to carry out the purpose of this section, ....
...such person has retained the property, subject to
applicable principles of equity, and in accordance with
chapters 76 and 77 and all applicable rules of civil procedure.
Sections
56.16-56.20 apply to any order issued under this
subsection.
§
56.29(6), Fla. Stat. (2018) (emphasis added). “By its terms, section
56.29(6) grants a trial court broad authority to enter ‘any’ orders necessary
to carry out the purpose of the statute[.]” Buechel v. Shim, 46 Fla. L.
Weekly D265 (Fla. 5th DCA Jan. 29, 2021), rev. granted, SC21-249,
2021
WL 2155087 (Fla. May 27, 2021).
Section
56.29(9) permits a court to entertain claims brought under
chapter 726 and to enter “a money judgment against any initial or
subsequent transferee,” but such claims must be “initiated by a
supplemental complaint” and are “subject to...
...are subject to
chapter 726 and the rules of civil procedure. The clerk of the
court shall docket a supplemental proceeding under the same
case number assigned to the original complaint filed by the
judgment creditor . . . .
§ 56.29(9), Fla....
...726.106(1), within 4 years after
the transfer was made or the obligation was incurred; or
(3) Under s.
726.106(2), within 1 year after the transfer was
made or the obligation was incurred.
§
726.110(1)–(3), Fla. Stat. (2018).
Under the pre-2014 version of section
56.29, a judgment creditor could
bring fraudulent transfer claims in proceedings supplementary for the life
of the judgment, notwithstanding the UFTA’s much shorter limitations
period....
...3d at 1204.
In 2014, “for the first time, the Florida legislature specifically
incorporated ‘the provisions of chapter 726 and applicable rules of civil
procedure’ in connection with ‘claims concerning the judgment debtor’s
assets brought under chapter 726.’” BAICO,
607 B.R. at 760 (quoting §
56.29(5), Fla....
...ciples of equity, and
in accordance with chapters 76 and 77 and applicable
rules of civil procedure.
Id. (added text in bold and italicized; deleted text in strikethrough).
Finally, the legislature noted that the 2014 amendments to section
56.29 were “remedial in nature” and “shall be applied retroactively to the
full extent permitted by law.” Id....
...t and served as provided by the
rules of civil procedure.” Fla. S. Comm. on Judiciary, CS for SB 1042
(2016), Staff Analysis 4 (Jan. 12, 2016).
In Uoweit, this court held that “chapter 726 governs the timeliness of a
UFTA claim brought under section 56.29(9).” 300 So....
...limitation period in dismissing a supplemental complaint to set aside
purported fraudulent transfers of real property. Id. at 1202, 1205.
Still, because Uoweit involved transfers of real property, we did not
address whether a judgment creditor can bypass section
56.29(9) and
10
instead elect to pursue a money judgment under subsections (2), (3)(b),
and (6) when the alleged fraudulent transfers involve personal property.
BAICO squarely confronted the issue of when section
56.29(2) may be
used to commence a fraudulent transfer claim, explaining: “Other than the
narrow category of claims that may be pursued under section
56.29(3)(b),
a claim based in fraudulent transfer cannot be commenced through the
issuance of a notice to appear.”
607 B.R. at 758.
BAICO also addressed whether section
56.29(6) authorizes the entry of
a money judgment based on a claim under subsection (3)(b), and
concluded that it does not:
In a related matter, [the judgment creditor] argued that Fla.
Stat. §
56.29(6) authorizes this Court to enter a money
judgment based on a claim under subsection (3)(b). This
interpretation is contrary to the text of section
56.29 taken as
a whole....
...relying on subsection
(2). To further this relief, the court may enter “orders,
judgments, or writs . . . including entry of money judgments .
. . irrespective of whether such person has retained the
property.” Fla. Stat. § 56.29(6)....
...Maroun, No. 8:07-cv-1976-T-24 MAP,
2020
WL 774287, at *5 (M.D. Fla. Feb. 18, 2020). For the reasons set forth in this
opinion, we conclude that BAICO’s statutory analysis is correct. By contrast,
Saadi fails to fully grapple with the implications of section
56.29(9).
11
D. Application of the Law in this Case
Here, the trial court correctly ruled that the Plaintiffs’ fraudulent
transfer claims must be pursued under section
56.29(9) and are therefore
subject to chapter 726’s limitations periods. Section
56.29, taken as a
whole, should not be read as allowing the Plaintiffs to pursue a money
judgment under subsections (2), (3)(b), and (6)—independent of subsection
(9)—simply because the alleged fraudulent transfers involve personal
proper...
...sheriff to take identifiable personal property to satisfy the execution. In
this case, the Plaintiffs are not seeking an order directing the sheriff to
take any identifiable personal property of the judgment debtor now in the
hands of Fowler White or Ritter Zaretsky.
Third, section 56.29(6) does not authorize the entry of a money
judgment based on a claim under subsection (3)(b). To be sure, section
56.29(6) allows the court to “enter any orders, judgments, or writs required
to carry out the purpose of this section.” The Plaintiffs contend that the
phrase “this section” necessarily includes subsection (3)(b). However, the
phrase “this section” necessarily includes subsection (9) as well.
Subsections (3)(b) and (9) must be read together. Subsection (9)
specifically requires UFTA claims brought under section 56.29 to be
initiated by a supplemental complaint and to be subject to chapter 726’s
limitations periods....
...y fraudulent transfer statute
contained in chapter 726.” BAICO,
607 B.R. at 757. But the legislature
clearly limited relief under subsection (3)(b) to voiding the transfer and
directing the sheriff to seize the property for execution. By contrast,
section
56.29(9) permits money judgments for property no longer in the
possession of the third-party transferee, but claims under this subsection
are expressly subject to the UFTA’s statute of repose....
...execution as property of the judgment debtor. This process is inapplicable
to the facts of this case.
Finally, the Plaintiffs argue that the inclusion of chapter 726 in
subsection (9) impliedly excludes chapter 726 from the other subsections
of section 56.29....
...ught
under subsections (3)(b) and (6) but instead had to be brought under
subsection (9). As the trial court explained: “[T]here is no reason to allow
fraudulent transfer claims for a money judgment under (3)(b) because they
are already allowed by
56.29(9) and FUFTA, whether based on actual or
constructive intent. In other words, the scope of section
56.29(9) is broad
enough to encompass the types of claims Plaintiffs seek to bring here.”
As the trial court reasoned, the Plaintiffs’ interpretation of section
56.29
would “lead to an absurd result whereby section
56.29 would
simultaneously provide for one cause of action for money judgments for
fraudulent transfers subject to FUFTA’s statute of repose (under
56.29(9))
and an identical cause of action for money judgments for fraudulent
transfers that is not subject to FUFTA’s statute of repose (under a
combination of
56.29(2),
56.29(3), and
56.29(6)).” (Emphasis omitted).
In sum, as the trial court ruled, because the Plaintiffs’ fraudulent
transfer claims were required to be pursued under section
56.29(9), the
13
Plaintiffs’ claims were subject to section
726.110’s statute of repose and
were time barred.
The Plaintiffs Were Not Denied Due Process in this Case
The Plaintiffs also a...
...Plaintiffs’] claims by stating they had to be brought under subsection (9),
a subsection that did not exist until after the claims were expired.”
We agree with the Appellees that the Plaintiffs were not denied due
process when the trial court applied the 2016 version of section 56.29 to
their claims, as the result would have been the same under either the 2014
or the 2016 version of the statute.
A new statute may not be retroactively applied to a cause of action that
accrued previously....
...allowed within which to seek enforcement of such claim.” Polk Cty. BOCC
v. Special Disability Tr. Fund,
791 So. 2d 581, 583 (Fla. 1st DCA 2001).
Here, the Plaintiffs were not denied due process when the trial court
applied the 2016 version of section
56.29 to their claims, as the result
would have been the same under the 2014 version of the statute. The
critical language—that the trial court may entertain claims under chapter
726 in proceedings supplementary and that such claims “are subject to
the provisions of Chapter 726”—is the same in both the 2014 and the 2016
versions of section
56.29. Compare §
56.29(5), Fla. Stat. (2014), with §
56.29(9), Fla. Stat. (2016).
Just as with the 2016 version of section
56.29, the proper
interpretation of the 2014 version is that a judgment creditor cannot elect
to bring a fraudulent transfer claim seeking the remedy of a money
judgment (as opposed to seeking the remedy of an order directing the
sheriff to t...
CopyPublished | District Court of Appeal of Florida | 1970 Fla. App. LEXIS 5445
$138.65 costs. In supplementary proceedings under §
56.29 Fla.Stat., F.S.A., an order was entered on June
CopyPublished | Florida 5th District Court of Appeal | 2004 Fla. App. LEXIS 12600, 2004 WL 1905786
PER CURIAM. The appellant, Joan Riley, was im-pleaded as a defendant for proceedings supplementary brought by the appellee, Crossings Community Church, Inc. (“Crossings”), under section 56.29, Florida Statutes (2002)....
...She appeals a summary judgment rendered in favor of Crossings for money damages and attorneys’ fees. We find no error in the rendition of the summary judgment and in that respect we affirm. We conclude, however, that Crossings was not entitled to an award of attorneys’ fees against Ms. Riley. Section 56.29 grants no authority for the recovery of attorneys’ fees against a party who has been implead into proceedings supplementary....
CopyPublished | Florida 2nd District Court of Appeal | 2014 WL 3765448, 2014 Fla. App. LEXIS 11849
...states that Winderting is added "as a party defendant to this lawsuit." The status of
Winderting in the proceedings as a result of this order is uncertain. There is no order
reopening the underlying action or initiating proceedings supplementary under section
56.29, Florida Statutes (2012)....
CopyPublished | District Court of Appeal of Florida | 1980 Fla. App. LEXIS 16535
...directed to be issued. Thereafter, predicated upon her affidavit that said judgment was outstanding and unsatisfied, and a filed Sheriff’s affidavit showing an outstanding, unsatisfied execution on the judgment, the wife moved (as provided for in Section 56.29, Florida Statutes (1977)) for an order to require the husband, as the defendant in execution, to appear before the court or a master appointed by the court, to be examined concerning his property....
...On consideration of this appeal by the wife therefrom, we hold the court was in error in denying said motion. The plaintiff wife had a clear legal right to the relief sought, as mandated by the cited statute. The order appealed from is reversed, and the cause is remanded for further proceedings. . § 56.29, Fla.Stat....
CopyPublished | United States Bankruptcy Court, M.D. Florida
...Delano, United States Bankruptcy Judge THIS MATTER came before the Court for trial on June 5, September 11-12, and October 15, 2018, in these consolidated adversary *832 proceedings (the "Proceedings"). 1 Plaintiffs in Adv. Pro. No. 9:14-ap-402-FMD (the "56.29 Proceeding") are Regions Bank, N.A....
...("K&M"), and (v) McCuan Family, LLC ("McCuan LLC") (collectively, "Defendants"). Plaintiffs allege that Debtor made fraudulent transfers to Defendants in an effort to frustrate Regions in its collection of judgments against Debtor that totaled more than $ 14 million. In the 56.29 Proceeding, Plaintiffs seek judgment against Defendants under § 56.29 of the Florida Statutes ; in the Fraudulent Transfer Proceeding, the Trustee seeks judgment against Defendants under § 544(b) of the Bankruptcy Code 2 and Chapter 726 of the Florida Statutes (the Florida Uniform Fraudulent Transfer Act, or FUFTA). The Court, having reviewed the entire record in the Proceedings, finds that the transfers alleged by Plaintiffs are avoidable under § 56.29 and FUFTA, and that Plaintiffs are entitled to judgment against MJF, McCuan Trust, McCuan LLC, and K&M for the value of the transferred assets. However, in the absence of any evidence that Jill McCuan exercised control over or received any benefit from the transferred assets, and in accordance with the principles of equity that apply to actions under § 56.29, the Court finds that it would be inequitable to enter judgment against her....
...The Court therefore finds that Debtor maintained direct or indirect control over the assets after the transfers were made. G. The Proceedings On November 18, 2013, the state court in the Lake Trafford Action entered an order allowing Regions to pursue a proceeding supplementary under § 56.29 of the Florida Statutes. 53 On January 29, 2014, Debtor filed a petition under Chapter 7 of the Bankruptcy Code. On May 8, 2014, the state court proceeding supplementary was removed to this Court (the "56.29 Proceeding"). In the 56.29 Proceeding, Plaintiffs assert that transfers were made by Debtor with the intent to hinder, delay, or defraud Regions. 54 Under § 56.29(3)(a) of the Florida Statutes, the look-back period for the avoidance of a transfer is one year prior to the service of the summons and complaint on the transferor in the underlying action. Because Debtor was served with the summons and complaint in the Lake Trafford Action on April 13, 2009, the look-back date in the 56.29 Proceeding is April 13, 2008. On August 27, 2015, the Court dismissed certain of Plaintiffs' claims in the 56.29 Proceeding, determining in part that it *838 lacked jurisdiction as to the claims regarding the Brown Accounts because Brown is located in Maryland. 55 However, the Court later reconsidered its ruling, and determined that it has jurisdiction under § 56.29 to enter judgments against Defendants to the extent that they received transfers of assets from the Brown Accounts. 56 On January 29, 2016, after the Court dismissed the claims in the 56.29 Proceeding, but before the Court reconsidered its ruling, the Trustee commenced the Fraudulent Transfer Proceeding....
...During the trial, on September 11, 2018, Defendants filed a Motion for Judgment on Partial Findings pursuant to Rule 52(c) of the Federal Rules of Civil Procedure (the "Motion"). 62 In the Motion, Defendants request judgment in their favor on two counts of the Fraudulent Transfer Proceeding and all claims in the
56.29 Proceeding "as they relate to those transactions that are properly considered conversions under §
222.30, Fla....
...77 And Debtor acknowledged in testimony that as of June 30, 2008, Brown Account -1 was "his individual asset," as reflected on an account statement. 78 Even if the Court were to find that the September 2008 retitling of the Brown Accounts effectuated TBE ownership, the retitling took place within the look-back period of § 56.29 of the Florida Statutes....
...008 are *842 traceable to TBE assets. Accordingly, the Court cannot find that the subsequent transfers from the Brown Accounts constitute transfers of TBE assets that are not avoidable as a matter of law. B. Defendants bear the burden of proof under §
56.29. Plaintiffs seek judgment against Defendants under §§
56.29 and
726.105(1)(a) of the Florida Statutes, and claim that the transfers identified at trial were made with actual intent to hinder, delay, or defraud Regions. The claims under §
56.29 and §
726.105(1) entail the same analysis, so the Court considers them together. "Proceedings supplementary are equitable in nature," and "Florida courts have consistently held that §
56.29 must be given a liberal construction in order to afford a judgment creditor the most complete relief possible." 82 With respect to the burden of proof to establish an alleged fraudulent transfer, §
56.29(3)(a) provides: When, within 1 year before the service of process on the judgment debtor in the original proceeding or action, the judgment debtor has had title to, or paid the purchase price of, any personal property to which the judgment d...
...person on confidential terms with the judgment debtor claims title and right of possession, the judgment debtor has the burden of proof to establish that such transfer or gift was not made to delay, hinder, or defraud creditors . 83 In other words, § 56.29 provides that a judgment debtor bears the burden of proving that a transfer was not fraudulent, if a person close to him currently claims title to or possession of the transferred property....
...creditors, if the transferred assets were owned by the judgment debtor "within 1 year before the service of process" in the original action. 85 In this case, Regions served Debtor with process in the Lake Trafford Action on April 13, 2009. 86 Under § 56.29, therefore, the one-year look-back period applies to transfers that occurred after April 13, 2008....
...o factors other than those listed," a reviewing court "may take into account the circumstances surrounding the conveyance." 91 Generally, the same factors determine whether a transfer was made with intent to hinder, delay, or defraud creditors under §
56.29 and §
726.105, and the only distinction for purposes of this case is the burden of proof. The Trustee must prove that the transfers were made with fraudulent intent in the Fraudulent Transfer Proceeding, and Defendants must prove that the transfers were not made to hinder, delay, or defraud creditors in the
56.29 Proceeding....
...aud Regions. In summary, Plaintiffs established by a preponderance of the evidence that Debtor made the September 2008 transfers and the later transfers with intent to hinder, delay, or defraud Regions, and Defendants did not meet their burden under § 56.29 of proving that the transfers were not made with fraudulent intent....
...ransferred to other joint accounts, such as the SunTrust account. *846 The Court recognizes the general rule that the avoidance of a transfer to a debtor's spouse results in the spouse's liability for the full value of the property transferred. In a § 56.29 proceeding regarding a transfer of stock from a husband to the husband and his wife, for example, the court held that the creditor was entitled to void the transfer and recover all of the stock....
...108 Plaintiffs' assertions reflect their acknowledgement that Mrs. McCuan exercised little or no control over the Brown Accounts and the BB&T Account after the accounts were retitled. In addition, with respect to the means of carrying out the purpose of a proceeding supplementary, § 56.29(6) provides in part: (6) The court may order any property of the judgment debtor ......
...56.16-56.19 against any person to whom a Notice to Appear has been directed and over whom the court obtained personal jurisdiction irrespective of whether such person has retained the property, subject to applicable principles of equity .... 109 The majority of the cases that discuss "principles of equity" under § 56.29 do so in the context of the statute's mandate that it be liberally construed for the benefit of the judgment creditor. 110 But the language of § 56.29 refers only to "principles of equity," without specifying that those principles apply only to the judgment creditor....
...rom the SunTrust account on January 13, 2012. In Sections C and D above, the Court found that the transfers were made with actual fraudulent intent and that the transfers were constructively fraudulent. Accordingly, the transfers are avoidable under §
56.29(3) and §
726.108 of the Florida Statutes, and the transferred assets are subject to execution to satisfy the debt owed by Debtor....
...fs, and against McCuan LLC in the amount of $ 78,000.00 on account of the transfer on January 1, 2010. *849 H. Judgments Plaintiffs are hereby directed to submit judgments in accordance with the foregoing. ORDERED. Agreed Order Consolidating Cases - 56.29 Proceeding, Doc....
...38, ¶ 25. Doc. No. 322, June 5 Tr., pp. 251-52. Fraudulent Transfer Proceeding, Doc. No. 38, ¶ 26. Doc. No. 322, June 5 Tr., pp. 252-53. Fraudulent Transfer Proceeding, Doc. No. 38, ¶ 27. Doc. No. 322, June 5 Tr., pp. 253-64. Doc. No. 266, ¶ 28. 56.29 Proceeding, Doc. Nos. 9 and 60. 56.29 Proceeding, Doc. No. 123. 56.29 Proceeding, Doc....
...Travelers Casualty & Surety Co. of America , No. 8:09-cv-1850-T-30TBM,
2017 WL 942118 , at *10 (M.D. Fla. Feb. 10, 2017), report and recommendation adopted ,
2017 WL 933569 (M.D. Fla. Mar. 9, 2017), aff'd , 712 F. App'x 907 (11th Cir. 2017). Fla. Stat. §
56.29 (3)(a) (emphasis added)....
...In re Titus ,
916 F.3d 293 (3d Cir. 2019) ; In re Wettach ,
811 F.3d 99 (3d Cir. 2016) ; In re Arbogast ,
466 B.R. 287 (Bankr. W.D. Pa. 2012). Doc. No. 317, p. 16. Doc. No. 317, p. 36. Doc. No. 317, p. 37(citing Doc. No. 323, Sept 11 Tr., pp. 33-35, 39-51). Fla. Stat. §
56.29 (6) (emphasis supplied)....
...1st DCA 2014). The Law Dictionary featuring Black's Law Dictionary Free Online Legal Dictionary 2d Ed. In re Rollaguard Sec., LLC ,
591 B.R. 895 , 911 (Bankr. S.D. Fla. 2018) (quoting In re Harwell ,
628 F.3d 1312 , 1322 (11th Cir. 2010) ). Fla. Stat. §§
56.29 (3), (6), and
726.108(1), (2)....
CopyPublished | Florida 3rd District Court of Appeal
...August 2021. Casa Financial obtained a
Judgment Lien Certificate and had the Clerk of the Circuit Court issue a writ
of execution.
Brookview did not pay the judgment, so on September 2, 2021, Casa
Financial, pursuant to sections
56.10 and
56.29 of the Florida Statutes, filed
a post-judgment motion seeking to invoke proceedings supplementary and
2
have a receiver appointed for Brookview....
...commenced proceedings supplementary. On September 13, 2021, the trial
court entered a post-judgment receivership order, appointing a receiver for
Brookview. The order specifically acknowledges that the receivership is
authorized by sections
56.10 and
56.29....
...in this Court’s appellate proceedings.
4
The trial court initially appointed a receiver pursuant to the authority of
section
56.10, 3 in a post-judgment proceeding supplementary initiated
pursuant to section
56.29....
...corporate judgment debtor. A receiver so appointed is subject to
the rules prescribed by law for receivers of the property of other
judgment debtors. His or her power shall extend throughout the
state.
§
56.10, Fla. Stat. (2021).
4
Section
56.29 describes the procedure for a judgment creditor to invoke
proceedings supplementary to execution, and the statute specifically
authorizes trial courts to adjudicate a judgment creditor’s post-judgment
claims to assist in the collectio...
CopyPublished | Florida 4th District Court of Appeal | 2005 Fla. App. LEXIS 5989, 2005 WL 957606
...Upon Appellee’s concession of error, we reverse an order denying Appellant’s motion for proceedings supplementary to execution. Appellant has a valid outstanding judgment lien. Appellant filed an affidavit stating that the judgment remains unsatisfied. Appellant is entitled to proceedings supplementary pursuant to section 56.29, Florida Statutes....
CopyPublished | Florida 4th District Court of Appeal | 2000 Fla. App. LEXIS 4784, 2000 WL 484743
...suit and his rights in an account receivable purportedly owed to him. The trial court then ordered the husband tti turn over these assets also, which is the subject of this appeal. We affirm. Proceedings supplementary are governed by the mandates of section 56.29, Florida Statutes, one provision of which reads as follows: The judge may order any property of the judgment debtor, not exempt from execution, in the hands of any person or due to the judgment debtor to be applied toward the satisfaction of the judgment debt. § 56.29(5), Fla....
CopyPublished | Florida 4th District Court of Appeal
Section
56.29, Florida Statutes (2020), governs proceedings supplementary. Section
56.29(1) sets
