CopyCited 30 times | Published | Florida 4th District Court of Appeal | 1994 WL 457141
...e statute through 1987. Effective January 1, 1988, Florida adopted the Uniform Fraudulent Transfer Act (UFTA), in chapter 726, Florida Statutes (1988), which continues the previous statutory law and codifies common law unless expressly replaced. See § 726.111, Fla....
CopyCited 25 times | Published | Florida 3rd District Court of Appeal | 2000 Fla. App. LEXIS 2752, 2000 WL 276350
...override a legislative policy pronouncement and to eliminate the enforcement of those remedies. Comptech,
753 So.2d at 1222 (citations omitted). In fact, the UFTA states that all common law remedies are supposed to supplement the UFTA's application:
726.111 Supplementary provisions Unless displaced by the provisions of ss....
...726.101-726.112, the principles of law and equity, including the law merchant the law relating to principal and agent, estoppel, laches, fraud, misrepresentation duress, coercion, mistake, insolvency, or other validating or invalidating cause, supplement those provisions. § 726.111, Fla....
CopyCited 17 times | Published | District Court, S.D. Florida | 1990 U.S. Dist. LEXIS 16582, 1990 WL 104847
...ring, therefore the affidavit was timely filed. [7] Docket entry # 79. [8] Robert and Steven Glick are citizens of New Jersey. Marla Glick and Dana Rader are citizens of New York. Lance Rader, Alan Rader and Louise Rader are citizens of Florida. [9] § 726.111 "Supplementary Provisions" of the Uniform Fraudulent Transfer Act states that unless displaced by the express provisions of the new act, the principles and law and equity under the earlier statute remain intact, and supplement the provisions of the new act....
CopyCited 12 times | Published | District Court, M.D. Florida | 1989 WL 237755
...In Florida, the Uniform Fraudulent Transfer Act (UFTA) governs fraudulent conveyances. Fla.Stat. §§
726.101-.201 (1987). The UFTA was adopted in 1987 and does not displace the principles of law and equity that were developed under previous statutes and case law. [3] Id. §
726.111....
CopyCited 6 times | Published | Court of Appeals for the Eleventh Circuit
...App. 4th Dist. 2001)
(holding that FUFTA’s catchall phrase allows plaintiffs to seek money damages).
In addition, FUFTA unambiguously states that all common law remedies
supplement its application.5 See Invo,
751 So. 2d at 1267 (citing Fla. Stat. §
726.111 (2002))....
...2. Appointment of a receiver to take charge of the asset transferred or of
other property of the transferee; or
3. Any other relief the circumstances may require.
5
Fla. Stat.§ 726.111 reads:
Unless displaced by the provisions of ss....
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 of equity, should apply the doctrine of judicial estoppel. Estoppel has long been recognized in Florida as a bar to assertions regarding statutes of limitation. Major League Baseball v. Morsani,
790 So.2d 1071, 1078 (Fla.2001). [7] Florida Statute §
726.111, specifically provides that, unless displaced by the provisions of §
726.101-112, the principles of equity including estoppel supplement those provisions....
CopyCited 3 times | Published | District Court of Appeal of Florida | 1994 Fla. App. LEXIS 8334
...e statute through 1987. Effective January 1, 1988, Florida adopted the Uniform Fraudulent Transfer Act (UFTA), in chapter 726, Florida Statutes (1988), which continues the previous statutory law and codifies common law unless expressly replaced. See § 726.111, Fla.Stat....
CopyPublished | Florida 3rd District Court of Appeal | 2000 Fla. App. LEXIS 2004, 2000 WL 227938
...f the $42,500 which she received for the trucks. We note that the statute provides, “Unless displaced by the provisions of ss.
726.101-726.112 [the Fraudulent Transfer Act], the principles of law and equity .... supplement those provisions.” Id. §
726.111....
CopyPublished | Court of Appeals for the Eleventh Circuit
Argued: Nov 18, 2022
...And punitive damages are not considered “equitable relief”
under Florida law. Furthermore, section
726.108 does not other-
wise authorize an award of punitive damages as a remedy against
the transferor. SEPH, however, raises section
726.111, which pro-
vides that “[u]nless displaced by the provisions of [FUFTA], the
principles of law and equity, including the law merchant and the
law relating to principal and agent, estoppel, laches, fraud, misr...
...The district court concluded that FUFTA did
not permit recovery of attorney’s fees, noting that another federal
district court in Florida had reached a similar conclusion. SEPH
contends that this was error, asserting that FUFTA’s catch-all pro-
vision, section
726.108(1)(c)3., and section
726.111’s supplementary
provisions permit a creditor to recover attorney’s fees under
FUFTA....
