ARNOLD M. GREENFIELD, TRUSTEE, APPELLANT,
v.
VALLEY FORGE CENTER CO. ET AL., APPELLEES

Fla. 3d DCA | 1969-12-30
No. 68-529
Before PEARSON, C. J., and BARK-DULL, J., and FRIEDMAN, MILTON A., Associate Judge.
229 So. 2d 875 Florida District Court of Appeal, Third District (1969) Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.

PER CURIAM.

Appellant, Arnold M. Greenfield, Trustee, appeals final judgment in garnishment for plaintiff-garnishor, Valley Forge Center Co., Inc., entered upon a jury verdict.

“When the garnishee has possession of property of the debtor under a fraudulent transfer, though such transfer is valid against the debtor, the creditor may assert its invalidity and * * * reach the same by garnishment”. Standard Accident Ins. Co. v. Hancock, 124 Fla. 725, 169 So. 617 (1936).

The jury had sufficient evidence before it to determine whether the transfer involved was fraudulent.

Judgment for garnishor is affirmed.

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Cited By

  • Nat'l CAR Rental Sys., Inc. v. Bruce A. Ryals Enters., Inc., 380 So. 2d 529 (Fla. 5th DCA 1980)
    …that fund by garnishment. Florida law permits a judgment creditor to use garnishment to retrieve the fruits of a fraudulent transfer. See Standard Accident Ins. Co. v. Hancock, 124 Fla. 725, 169 So. 617 (1936); Greenfield v. Valley Forge Center Co., 229 So. 2d 875 (Fla. 3d DCA 1969). However, the garnishor must prove that it is the property of the debtor which was fraudulently transferred. In this case, the trial court was correct in granting McNorton’s motion for directed verdict and entering final judgment…

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