BILOXI CASINO CORPORATION D/B/A CASINO MAGIC, APPELLANT,
v.
MICHAEL H. WOLF, APPELLEE

Fla. 4th DCA | 2005-04-27
No. 4D04-1977
STONE, KLEIN and GROSS, JJ., concur.
900 So. 2d 734 Florida District Court of Appeal, Fourth District (2005) Caution
Cited by 9 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Upon Appellee’s concession of error, we reverse an order denying Appellant’s motion for proceedings supplementary to execution. Appellant has a valid outstanding judgment lien. Appellant filed an affidavit stating that the judgment remains unsatisfied. Appellant is entitled to proceedings supplementary pursuant to section 56.29, Florida Statutes. Upon a showing of the statutory prerequisites, the court has no discretion to deny the motion.

STONE, KLEIN and GROSS, JJ., concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • Biel REO, LLC v. Barefoot Cottages Dev. Co. LLC, 156 So. 3d 506 (Fla. 1st DCA 2014)
    …2d 1109, 1112 (Fla. 3d DCA 2008). Once these prerequisites are met, a judgment creditor “is entitled to the proceedings supplementary,” § 56.29(1); a court cannot deny a motion that meets the statutory prerequisites. See Biloxi Casino Corp. v. Wolf, 900 So. 2d 734 (Fla. 4th DCA 2005). After initiation of proceedings supplementary, a judgment creditor may pursue assets held by the debtor, § 56.29(l)-(2); pursue the debtor’s assets held by another, so long as the property is not exempt from execution, § 56.29(…
  • Longo v. Associated Limousine Servs., Inc., 236 So. 3d 1115 (Fla. 4th DCA 2018)
    ….29(1), “the judgment creditor is entitled to these proceedings supplementary to execution.” § 56.29(1), Fla. Stat. (2016). “Upon a showing of the statutory prerequisites, the court has no discretion to deny the motion." Biloxi Casino Corp. v. Wolf, 900 So. 2d 734 (Fla. 4th DCA 2005). Here, the trial court erred in denying the judgment creditor's request for proceedings supplementary. The judgment creditor's motion and affidavit satisfied the requirements of section 56.29(1), so the judgment creditor was ent…
  • Moffatt & Nichol, Inc. v. B.E.A. Int'l Corp., Inc., 48 So. 3d 896 (Fla. 3d DCA 2010)
    …82) (finding petitioning creditors lacked standing to challenge transfer as fraudulent or preferential because such statutory remedies could be asserted only by a bankruptcy trustee or debtor-in-possession). . Citing to Biloxi Casino Corp. v. Wolf, 900 So. 2d 734 (Fla. 4th DCA 2005), and Continental Cigar Corp. v. Edelman & Co., 397 So. 2d 957 (Fla. 3d DCA 1981), Moffatt also argues the trial court had no discretion to deny proceedings supplementary to implead third parties. Although Biloxi states that "[u]p…

Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.

Join FLexlaw to unlock all legal intelligence

Full citator, related cases, and AI research tools

Open in FLexlaw