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Stern v. Stein

Citations: 708 So. 2d 288; 1998 Fla. App. LEXIS 31; 1998 WL 2417Docket: No. 96-2807

Court: District Court of Appeal of Florida; January 6, 1998; Florida; State Appellate Court

Narrative Opinion Summary

William Stern appeals a final judgment of fraudulent transfer related to a default judgment in favor of Sanford and Frances Stein. The trial court had subject matter jurisdiction to issue the order, but the appeal is reversed because the underlying default judgment has been vacated. This reversal allows appellees to pursue other rights or pre-judgment remedies in the original case. The reversal does not affect the separate order awarding attorney’s fees to Sanford Stein, imposed as a sanction for Stern's discovery violations, which is affirmed due to no abuse of discretion. The decision is affirmed in part, reversed in part, and remanded for further proceedings consistent with the opinion. Judges Stone and Karlan concur.

Legal Issues Addressed

Appellate Review and Remand

Application: The appellate court affirmed in part, reversed in part, and remanded the case for further proceedings consistent with the opinion.

Reasoning: The decision is affirmed in part, reversed in part, and remanded for further proceedings consistent with the opinion.

Attorney’s Fees as Sanctions

Application: The order awarding attorney’s fees to Sanford Stein, as a sanction for Stern's discovery violations, was affirmed due to no abuse of discretion.

Reasoning: The reversal does not affect the separate order awarding attorney’s fees to Sanford Stein, imposed as a sanction for Stern's discovery violations, which is affirmed due to no abuse of discretion.

Fraudulent Transfer under Default Judgment

Application: The fraudulent transfer judgment against William Stern was reversed because the underlying default judgment had been vacated.

Reasoning: The trial court had subject matter jurisdiction to issue the order, but the appeal is reversed because the underlying default judgment has been vacated.

Subject Matter Jurisdiction of Trial Court

Application: The trial court possessed the requisite subject matter jurisdiction to issue the order related to the fraudulent transfer case.

Reasoning: The trial court had subject matter jurisdiction to issue the order, but the appeal is reversed because the underlying default judgment has been vacated.