ALVARO GORRIN, JR., APPELLANT,
v.
POKER RUN ACQUISITIONS, INC., ET AL., APPELLEES
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Alvaro Gorrín appeals a modified final summary judgment in a fraudulent transfer case. The court dismissed the appeal for lack of jurisdiction, finding the judgment non-final because the trial court must still determine whether a subsequently-entered judgment lien has attached to the allegedly fraudulently transferred property.
The court lacks jurisdiction to hear the appeal because the judgment is non-final and non-appealable. Judicial labor in the fraudulent transfer case is incomplete because the trial court must still determine whether the May 2013 judgment lien attaches to the property and whether the creditor may execute upon it.
[1] An appeal from a modified final summary judgment is not properly before an appellate court when the trial court has not yet determined whether a subsequent judgment lien…
[2] A partially vacated final summary judgment is considered non-final and non-appealable when further judicial labor remains in the circuit court.
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Join FLexlaw to unlock all legal intelligence“Judicial labor in the circuit court fraudulent transfer action is not complete, as the trial court has not yet determined whether the May 2013 judgment lien has attached to the property alleged to have been fraudulently transferred by Gorrín, and whether Poker Run Acquisitions may execute upon that property in full or partial satisfaction of the later and increased lien.”
Establishes the court's rationale that the judgment is non-final because unresolved issues remain regarding the new judgment lien's attachment and execution.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceGorrín was subject to a final summary judgment exceeding $19 million in a debt collection/guaranty case. He transferred residential property to others…
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Alvaro Gorrín appeals an adverse final summary judgment determining that he fraudulently transferred a residential property to others following the entry, in a separate and prior case,1 of a final summary judgment against him exceeding $19,000,000.00. After the entry of the final judgment in the fraudulent transfer case, a panel of this Court reversed and remanded the final summary judgment and judgment lien against Gorrín in the underlying (guaranty/debt collection) case. Gorrin v. Poker Run Acquisitions, Inc., 77 So.3d 739 (Fla. 3d DCA 2011).
Gorrín then moved the trial court, based on this Court’s reversal of the judgment lien, to modify its final summary judgment in the fraudulent transfer case. The trial court granted that motion in part, vacating three of eleven numbered paragraphs within the final summary judgment. Those three paragraphs addressed the validity, attachment, and execution of the judgment lien as against the property transferred by Gorrín. Gorrin’s appeal from the judgment as modified is the case presently before us.
While this appeal was pending, however, the appellee/creditor, Poker Run Acquisitions, obtained a new final money judg*1104ment in the guaranty/debt collection case against Gorrín after remand and trial. That final judgment (May 2013) exceeds $30,000,000.00. Gorrín has also appealed that judgment.2
We conclude that we lack jurisdiction to address the fraudulent transfer judgment as modified after the reversal of the debt collection/guaranty judgment against Gor-rín (and before the entry of a final judgment on remand in May 2013). Judicial labor in the circuit court fraudulent transfer action is not complete, as the trial court has not yet determined whether the May 2013 judgment lien has attached to the property alleged to have been fraudulently transferred by Gorrín, and whether Poker Run Acquisitions may execute upon that property in full or partial satisfaction of the later and increased lien. The earlier, partially-vacated final summary judgment in the fraudulent transfer case is thus non-final and non-appealable. Hallock v. Holiday Isle Resort & Marina, Inc., 885 So.2d 459, 461 (Fla. 3d DCA 2004).
At oral argument, Gorrín urged us (in the alternative) to treat this case as a petition for certiorari. We decline to do so, concluding that Gorrín has not demonstrated any violation of a clearly established principle of law resulting in a miscarriage of justice. Allstate Ins. Co. v. Kaklamanos, 843 So.2d 885 (Fla.2003).
Appeal dismissed.
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Citator
Cited By
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Gorrin Jr. v. Poker Run Acquisitions, Inc., 237 So. 3d 1149 (Fla. 3d DCA 2018)…o this court. Eventually an amended final judgment was entered, and affirmed on appeal, awarding Poker Run the sum of $30,948,103.23. Gorrin v. Poker Run Acquisitions, Inc., 77 So. 3d 739 (Fla. 3d DCA 2011); Gorrin v. Poker Run Acquisitions, Inc., 137 So. 3d 1102 (Fla. 3d DCA 2014); Gorrin v. Poker Run Acquisitions, Inc., 163 So. 3d 1207 (Fla. 3d DCA 2015). 3 Section 56.29(6)(a) was the version in effect in 2015. That same subsection was renumbered as subsection 56.29(3)(a) in 2016. However, subsections 56…
Authorities Cited
- Allstate Ins. Co. v. Keely Kaklamanos, 843 So. 2d 885 (Fla. 2003)
- Hallock v. Holiday Isle Resort & Marina, Inc., 885 So. 2d 459 (Fla. 3d DCA 2004)
- Alvaro Gorrin, Jr. v. Poker RUN Acquisitions, Inc., 77 So. 3d 739 (Fla. 3d DCA 2011)