SHANJIM PUBLICATIONS, INC., APPELLANT,
v.
NORMAN FRANCIS HAFT, APPELLEE; JAMES R. CORYELL, APPELLANT, V. NORMAN FRANCIS HAFT, APPELLEE

Fla. 2d DCA | 1965-10-21
Nos. 6253, 6254
SHANNON, Acting C. J., and ANDREWS, J., concur.
179 So. 2d 219 Florida District Court of Appeal, Second District (1965) Positive Treatment
Cited by 4 cases

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Holding

The court held that an order directing seizure of property and declaring a conveyance void was improper when the affected entity was not a party and had not been afforded a hearing.


Facts & Procedural History

Following a money judgment, supplementary proceedings were held, resulting in an order voiding a conveyance and directing the sheriff to seize propert…

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Opinion of the Court
BARNS, PAUL D., Associate Judge.

BARNS, PAUL D., Associate Judge.

Upon a hearing of supplementary proceedings in aid of execution on a money judgment entered in the case of Norman Francis Haft v. James R. Coryell, the trial court on April 6, 1965, adjudged that “the conveyance from Shannon Publications, Inc. to Shanjim Publications, Inc. of ‘Inside Broward’ is null and void” and that the sheriff “be and he is hereby directed to seize forthwith all books, records, equipment, supplies and/or other articles in any wise used for or in the publication of said ‘Inside Broward’ and to deliver up same to plaintiff forthwith.”

Thereupon, Coryell and Shanjim Publications, Inc., entered their separate appeals. We find error and reverse.

It does not appear that Coryell has an appealable interest inasmuch as no adverse order has been entered against him, and his appeal is dismissed. (Case No. 6254)

As to Shanjim Publications, Inc., it has not been impleaded or in any wise *220brought into the action; it is not a party-in any wise, except for the order directing the sheriff to deliver to the plaintiff the property mentioned in the order. The sheriff had not levied on any of the property described in the order, and its identity is uncertain.

The only basis for the order is that prior to the hearing, the judgment creditor had bought at execution sale the share of stock in Shannon Publications, Inc. held by the judgment debtor which appears to have been all the outstanding shares of Shannon Publications, Inc.

The order appealed from is reversed since Shanjim Publications, Inc. has not been afforded a full and fair opportunity to be heard. Meyer v. Faust, Fla., 83 So.2d 847.

Reversed.

SHANNON, Acting C. J., and ANDREWS, J., concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • The Henhill Corp. v. State, 578 So. 2d 335 (Fla. 3d DCA 1991)
    …out knowledge of the State’s RICO lien. . Appellant also appeals the final default judgment entered against Holmes. We dismiss this appeal based on a holding that appellant lacks standing to appeal such judgment. Shanjim Publications, Inc. v. Haft, 179 So. 2d 219 (Fla.2d DCA 1965).…
  • Clements Collections, Inc. v. Palm Beach Imports, Inc., 635 So. 2d 157 (Fla. 4th DCA 1994)
    …PER CURIAM. The appeal is dismissed. See Shanjim Publications, Inc. v. Haft, 179 So. 2d 219 (Fla. 2d DCA 1965). WARNER, POLEN and PARIENTE, JJ., concur.…

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