LEONARD RUBINSTEIN, ETC., APPELLANT,

v.

IN RE THE ESTATE OF HARRY RUBINSTEIN, APPELLEE

Citator

Cited By (20 total)

• Biel REO, LLC v. Barefoot Cottages Dev. Co. LLC, 156 So. 3d 506 (Fla. 1st DCA 2014)
  …the existence of an unsatisfied execution. § 56.29(1), Fla. Stat. The same applies when third parties are impleaded, Regent Bank v. Woodcox, 636 So. 2d at 886, in which case, the affidavit should also list the parties to be impleaded. Mejia v. Ruiz, 985 So. 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.…
• Longo v. Associated Limousine Servs., Inc., 236 So. 3d 1115 (Fla. 4th DCA 2018)
  …e collection of the lien or claim, that might be subject to the execution.” Young v. McKenzie, 46 So. 2d 184, 185 (Fla. 1950). The statute governing proceedings supplementary is “equitable in nature and should be liberally construed." Mejia v. Ruiz, 985 So. 2d 1109, 1112 (Fla. 3d DCA 2008). Proceedings supplementary “enable speedy and direct proceedings in the same court in which the judgment was recovered to better afford to a judgment creditor the most complete relief possible in satisfying the judgment." Z…
• Gen. Elec. Co. & Gen. Elec. Cap. Corp. v. Chuly Int'l, LLC, 118 So. 3d 325 (Fla. 3d DCA 2013)
  …Kirk v. Edinger, 380 So. 2d 1336, 1337 (Fla. 5th DCA 1980). After receipt of this evidence, the burden shifts [*328] to the debtor or transferor to show the transfer was made without intent to “delay, hinder or defraud creditors.” See Mejia v. Ruiz, 985 So. 2d 1109, 1114 (Fla. 3d DCA 2008). The very function of a writ of attachment is to serve as a lien upon property that may be the subject of execution upon a later-obtained judgment. See Tilghman v. U.S. Fid. & Guar. Co., 90 Fla. 282, 105 So. 823 (1925). See…

  ← 1 / 3 →

Authorities Cited

• In re Est. of Coketine Bray Carpenter v. Carpenter, 253 So. 2d 697 (Fla. 1971)
• Hack v. Janes, 878 So. 2d 440 (Fla. 5th DCA 2004)