MCNALLY
v.
DOVE INVESTMENT CORPORATION
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
An appeal of a money judgment is moot when the underlying debt has been discharged in bankruptcy, leaving no practical relief available.
[1] An appeal of a money judgment becomes moot when the underlying debt is discharged in bankruptcy, eliminating any practical relief available to the parties.
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligenceMcNally appealed a final money judgment awarded by the county court. After filing the appeal, McNally obtained a discharge order from federal bankrupt…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Money Judgment cases and more on FLexlaw
FIRST DISTRICT COURT OF APPEAL
STATE OF FLORIDA
_____________________________
No. 1D2023-2397 _____________________________
GEORGE MCNALLY,
Appellant,
v.
DOVE INVESTMENT
CORPORATION,
Appellee. _____________________________
On appeal from the County Court for Okaloosa County. Jonathan V. Schlechter, Judge.
August 28, 2024
PER CURIAM.
Appellant challenges a final money judgment awarding damages on an outstanding judgment. After filing this appeal, Appellant notified the Court that pursuant to an Order of Discharge from the United States Bankruptcy Court for the Northern District of Florida, the debt on the judgment appealed, as well as the underlying judgment, had been discharged.
Appellee concedes that it is prohibited by the bankruptcy discharge from taking further action in seeking collection of the judgment or continuing litigation to that effect. While Appellee had recorded the judgment, making it a lien on real property under section 55.10(1), Florida Statutes, there is no real property that
2 remains subject to the lien following the bankruptcy discharge. Appellee agrees that no further practical relief can be attained from this Court or the lower tribunal.
We dismiss the appeal as moot.
DISMISSED.
LEWIS, B.L. THOMAS, and WINOKUR, JJ., concur. _____________________________
Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331. _____________________________
George McNally, pro se, Appellant.
Hugh B. Shafritz, Delray Beach, for Appellee.