Narrative Opinion Summary
The appellee obtained a judgment against a corporation in Duval County and subsequently initiated supplementary proceedings under section 56.29 of the Florida Statutes, bringing the appellant into the case due to alleged fraudulent transfer of property by the judgment debtor to the appellant. The trial court ordered the appellant to appear for examination in Duval County. The appellant contested this directive, arguing that, due to its residence in Leon County, the examination should occur there. Supporting this argument, the court referenced Coloso Boat Corp. v. Souza, which establishes that the examination should take place in the respondent's county of residence. Consequently, the provision requiring the appellant's examination in Duval County was reversed, and the case was remanded for the trial court to order the examination to be conducted by a special master in Leon County. The judges concurred in this decision.
Legal Issues Addressed
Examination Location in Supplementary Proceedingssubscribe to see similar legal issues
Application: The court determined that examinations in supplementary proceedings must occur in the respondent's county of residence, leading to a reversal of the order for examination in Duval County.
Reasoning: The appellant contested this directive, arguing that, due to its residence in Leon County, the examination should occur there. Supporting this argument, the court referenced Coloso Boat Corp. v. Souza, which establishes that the examination should take place in the respondent's county of residence.
Judicial Reversal and Remandsubscribe to see similar legal issues
Application: The appellate court reversed the trial court’s order and remanded the case for further proceedings consistent with the requirement that the examination take place in the respondent's county of residence.
Reasoning: Consequently, the provision requiring the appellant's examination in Duval County was reversed, and the case was remanded for the trial court to order the examination to be conducted by a special master in Leon County.
Supplementary Proceedings under Florida Statutes Section 56.29subscribe to see similar legal issues
Application: The appellee utilized supplementary proceedings to address an alleged fraudulent transfer of property by the judgment debtor to the appellant.
Reasoning: The appellee obtained a judgment against a corporation in Duval County and subsequently initiated supplementary proceedings under section 56.29 of the Florida Statutes, bringing the appellant into the case due to alleged fraudulent transfer of property by the judgment debtor to the appellant.