DONNA JAQUITH, APPELLANT,
v.
WAYNE H. SPATH AND BRANDY BAIL BONDS, INC., APPELLEES

Fla. 4th DCA | 2007-04-18
No. 4D05-4351
GUNTHER and WARNER, JJ., concur.
956 So. 2d 502 Florida District Court of Appeal, Fourth District (2007)

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Synopsis

Jaquith appeals a summary judgment granted in favor of Spath in a dispute between investors in bail bond businesses. After Jaquith filed for bankruptcy, her interest in the corporations and all pre-petition claims were sold to Spath. The court affirmed summary judgment, finding that all of Jaquith's amended claims related to pre-petition conduct and were therefore transferred to Spath in the bankruptcy sale.


Holding

All of Jaquith's amended claims relate to pre-petition conduct and were therefore transferred to Spath through the bankruptcy sale. Summary judgment was properly granted because no causes of action based on pre-petition conduct survived the bankruptcy sale and discharge.


Headnotes

[1] A bankruptcy sale of a debtor's interest in corporations, including pre-petition claims and causes of action, transfers all claims based on pre-petition conduct to the bu…

[2] A trial court's grant of summary judgment is affirmed if all of the non-moving party's amended claims relate to pre-petition conduct that was transferred in a bankruptcy…

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Key Quotes

“The Bankruptcy Court order approving the sale excluded only post-petition claims of Jaquith from that which had been sold.”

Establishes the scope of the bankruptcy sale, which transferred all pre-petition claims to Spath except post-petition claims.

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Facts & Procedural History

Jaquith and Spath were investors in two bail bond corporations. One year into their civil dispute, Jaquith filed for Chapter 7 bankruptcy. The bankrup…

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Opinion of the Court
FARMER, J.

FARMER, J.

This dispute erupted between investors in a bail bond business, each suing the other for damages and control of two corporate entities.1 One year into the litigation, Jaquith filed for relief under chapter 7 of the Bankruptcy Code. In the bankruptcy case, the Trustee sought permission to sell her interest in the corporations to Spath- — along with “any pre-petition [e.s.] claims or causes of action.” The Bankruptcy Court order approving the sale excluded only post-petition claims of Jaquith from that which had been sold. As a result, Spath dismissed his pending action against Jaquith because he had now acquired all of her interest in the company.

While the Bankruptcy case was pending and before the entry of the order approving the Trustee’s sale, the Florida Department of Insurance initiated license disciplinary proceedings against Jaquith. She alleges that these administrative proceedings were instigated by Spath out of animosity towards her. Later, after the Bankruptcy sale, Ja-quith amended her counterclaims in the previously stayed civil case to causes of action outside of the scope of the property sold to Spath. In turn Spath moved for summary judgment on all of Jaquith’s revised claims.2 Both supported their posi tion with affidavits and memoranda. She also filed procedural and evidentiary objections and other documents. The trial court granted summary judgment, reciting some of the procedural history, but did not state conclusions of law, and made no express rulings on Jaquith’s various objections and motions to strike. Jaquith now appeals, arguing that Spath failed to file a proper and adequately specific motion for summary judgment, failed to meet his burden of proof to obtain a proper summary judgment, failed to submit admissible evidence, improperly filed and brought to the attention of the trial judge prejudicial materials (including unaccepted settlement proposals), and did not establish that her opposing factual and legal arguments were insufficient to avoid summary judgment.

We are unable to find prejudicial error. The judgment is founded on a conclusion that all of Jaquith’s amended claims actually relate to pre-Bankruptcy petition conduct. The Bankruptcy sale transferred all claims based on pre-petition conduct to Spath, so no causes of action based on such conduct survived the Bankruptcy sale and discharge. We also agree with the trial court’s implicit conclusion that Jaquith’s procedural arguments are either unsustainable or are immaterial and thus harmless.

Affirmed.

GUNTHER and WARNER, JJ., concur. . They are A-All Night Bail Bond, Inc., and A AAchen Express Bail Out, Inc. . She alleged breach of a shareholder agreement, tortious interference re her shareholder rights, malicious prosecution and abuse of process regarding the license disciplinary proceedings, and intentional infliction of emotional distress for essentially the same conduct.


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