MANOR GROVE LAND CORPORATION, APPELLANT,
v.
ALEX SALKAY AND DEUSCHLE CONSTRUCTION CO. ET AL., APPELLEES
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PER CURIAM.
The appellee, Alex Salkay, obtained a judgment against the Manor Grove Land Corporation. In proceedings supplementary to aid execution on the judgment it was determined that all of the assets of Manor Grove had been transferred to an entity known as the DLR Trust for which the American National Bank of Fort Lauder-dale was trustee. The trial court, without giving the trust an opportunity to defend, held that execution could be had against the trust assets to satisfy the judgment against Manor Grove. We believe it was error to enter such an order without requiring the joinder of the DLR Trust in the proceedings and providing the trust with an opportunity to defend the claim against its assets. See Ryan’s Furniture Exchange v. McNair, 120 Fla. 109, 162 So. 483 (1935) and B & B Drugs St. Petersburg, Inc. v. McKesson & Robbins Drug Company, 380 So. 2d 1307 (Fla. 2d DCA 1980).
Accordingly, this cause is reversed and remanded with directions for further proceedings consistent herewith.
LETTS, C. J.; and ANSTEAD and HERSEY, JJ., concur.
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Sanchez v. Century Everglades, LLC., 946 So. 2d 563 (Fla. 3d DCA 2006)…(1935) (emphasis in original). See, e.g., Meyer v. Faust, 83 So. 2d 847, 848 (Fla. 1955); Juno By The Sea Condo Apartments, Inc. v. Juno By The Sea North Condo. Assoc., Inc., 419 So. 2d 399, 400 (Fla. 4th DCA 1982); Manor Grove Land Corp. v. Salkay, 390 So. 2d 121, 122 (Fla. 4th DCA 1980); Art Adver. Co., Inc. v. Associated Press, 340 So. 2d 1291, 1292 (Fla. 2nd DCA 1977). Here, Sanchez was denied his due process rights by the trial court’s failure to allow him to act as anything but a “spectator” at a hearin…
Authorities Cited
- Ryan's Furniture Exch., Inc. v. McNair, 120 Fla. 109 (Fla. 1935)
- Paul v. Allstate Ins. Co., 380 So. 2d 1307 (Fla. 2d DCA 1980)