Narrative Opinion Summary
This case involves an appeal by Alvaro Gorrín against a summary judgment for fraudulent transfer of property following a judgment exceeding $19 million. The fraudulent transfer judgment was contested after an appellate court reversed the underlying judgment lien in the guaranty/debt collection case. Gorrín sought modification of the fraudulent transfer judgment, and the trial court vacated sections related to the lien's validity and execution. While Gorrín's appeal of the modified judgment was pending, Poker Run Acquisitions secured a new $30 million judgment against him, which he also appealed. The appellate court dismissed Gorrín's appeal concerning the modified fraudulent transfer judgment, citing lack of jurisdiction as the proceedings were incomplete and the partially vacated judgment was non-final. The appellate court refused to treat the appeal as a petition for certiorari, as no injustice or violation of law was evident. Gorrín's appeal of the new final judgment remains pending, with no stay in effect. The relevant cases are in the Miami-Dade Circuit Court under Case Nos. 08-36794-CA-06 and 10-10011-CA-08.
Legal Issues Addressed
Appellate Jurisdiction and Finality of Judgmentsubscribe to see similar legal issues
Application: The appellate court lacks jurisdiction over non-final orders, including those partially vacated and still under judicial consideration.
Reasoning: The appellate court concludes it lacks jurisdiction to address the modified fraudulent transfer judgment since judicial proceedings related to the fraudulent transfer case remain incomplete.
Certiorari Reviewsubscribe to see similar legal issues
Application: The court declined to treat the appeal as a petition for certiorari due to no apparent violation of established law resulting in injustice.
Reasoning: The appellate court declines to treat Gorrín's appeal as a petition for certiorari, finding no violation of established law resulting in injustice.
Fraudulent Transfer and Judgment Liensubscribe to see similar legal issues
Application: The appellate court examined the validity of a fraudulent transfer judgment after the underlying judgment lien was reversed.
Reasoning: Alvaro Gorrín appeals a final summary judgment that determined he fraudulently transferred a residential property after a previous judgment against him exceeding $19,000,000.
Modification of Judgment Based on Appellate Reversalsubscribe to see similar legal issues
Application: The trial court modified the fraudulent transfer judgment following an appellate reversal that affected the judgment lien's validity.
Reasoning: Gorrín requested the trial court to modify the fraudulent transfer judgment based on the appellate court's reversal, leading to the trial court vacating three paragraphs related to the validity, attachment, and execution of the judgment lien against the transferred property.