12 Florida opinions name it 1 courts 1997–2025 3 in the last five years
The cases below were cited by Florida courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Rosen v. Zoberggreen2 sentences2002The physician relies on Rosen v. Zoberg, 680 So.2d 1050 (Fla. 3d DCA 1996) in which the trial court denied a motion to stay a fraudulent transfer claim brought under the Act until the outcome of the underlying claim for damages was known. 1997Fraud is a subtle thing, requiring a full explanation of the facts and circumstances of the alleged wrong to determine if they collectively constitute a fraud." Rosen v. Zoberg, 680 So.2d 1050, 1052 (Fla. 3d DCA 1996) (quoting Automobile Sales, Inc. v. Federated Mut. | 1 | 2 |
Amir Isiah v. JPMorgan Chase Bank, N.A.green1 sentence2025"To prevail on a fraudulent transfer claim, a creditor must demonstrate (1) there was a creditor to be defrauded, (2) a debtor intending fraud, and (3) a conveyance—i.e., a 'transfer'—of property which could have been applicable to the payment of the debt due." Isaiah v. JP Morgan Chase Bank, 960 F.3d 1296, 1302 (11th Cir. 2020); see also § 726.102(14) (" 'Transfer' means every mode, direct or indirect, absolute or conditional, voluntary or involuntary, of disposing of or parting with an asset or an interest in an asset, and includes payment of money, release, lease, and creation of a lien or | 1 | 1 |
Bill Paul Marquardt v. State of Floridagreen1 sentence2024This claim was not adjudicated in the underlying lawsuit or in Flooring Depot I. 1 The Fraudulent Transfer Count Was Not Barred by Collateral Estoppel “Collateral estoppel requires that: (1) the identical issue was presented in a prior proceeding; (2) the issue was a critical and necessary part of the prior determination; (3) there was a full and fair opportunity to litigate the issue; (4) the parties to the prior action were identical to the parties of the current proceeding; and (5) the issue was actually litigated.” Marquardt v. State, 156 So. 3d 464, 481 (Fla. 2015). | 1 | 1 |
UNIVERSAL BEVERAGES HOLDINGS v. Merkingreen1 sentence2022Holdings, Inc. v. Merkin, 902 So. 2d 288, 290 (Fla. 3d DCA 2005); see also Duncanson v. Serv. | 1 | 1 |
Stanbro v. McCormick 105, LLCgreen1 sentence2020Here, by contrast, Diane bore the burden of proof as a third party claimant to garnished property. * * * Not final until disposition of timely filed motion for rehearing. 3 We took the latter portion of this quote out of context in Stanbro v. McCormick, 105, LLC, 213 So. 3d 925, 927 (Fla. 4th DCA 2017). | 1 | 1 |
Tarpon Springs Hospital Foundation, Inc. v. Andersongreen1 sentence2016Found., Inc. v. Anderson, 34 So.3d 742, 748 (Fla. 2d DCA 2010) (“Courts are ‘without power to construe an unambiguous statute in a way which would extend, modify, or limit[ ] its express terms or its reasonable and obvious implications.'" (quoting Holly v. Auld, 450 So.2d 217, 219 (Fla.1984))). .This conclusion is confirmed by the fact that had the legislature intended the one-year period to begin with the discovery of the facts underlying a fraudulent transfer claim, it could have said so. 6 In prescribing periods within which suit must be brought, the legislature has often linked the commenc | 1 | 1 |
Holly v. Auldgreen1 sentence2016Found., Inc. v. Anderson, 34 So.3d 742, 748 (Fla. 2d DCA 2010) (“Courts are ‘without power to construe an unambiguous statute in a way which would extend, modify, or limit[ ] its express terms or its reasonable and obvious implications.'" (quoting Holly v. Auld, 450 So.2d 217, 219 (Fla.1984))). .This conclusion is confirmed by the fact that had the legislature intended the one-year period to begin with the discovery of the facts underlying a fraudulent transfer claim, it could have said so. 6 In prescribing periods within which suit must be brought, the legislature has often linked the commenc | 1 | 1 |
Mansolillo v. Parties by Lynn, Inc.green1 sentence2015See, e.g., Mejia, 985 So.2d at 1112-13 (applying § 726.105 in evaluating a fraudulent transfer claim); Mansolillo v. Parties By Lynn, Inc., 753 So.2d 637, 639-40 (Fla. 3d DCA 2000) (applying § 726.106). | 1 | 1 |
Mejia v. Ruizgreen1 sentence2015See, e.g., Mejia, 985 So.2d at 1112-13 (applying § 726.105 in evaluating a fraudulent transfer claim); Mansolillo v. Parties By Lynn, Inc., 753 So.2d 637, 639-40 (Fla. 3d DCA 2000) (applying § 726.106). | 1 | 1 |
Sweat v. Yatesgreen1 sentence2012Cf, e.g., Sweat v. Yates, 463 So.2d 306, 307 (Fla. 1st DCA 1984) (“[A] deed takes effect from the date of delivery, and the recording of a deed is not essential to its validity as between the parties or those taking with notice.... | 1 | 1 |
Hansen v. Finn (In Re Curry & Sorensen, Inc.)green1 sentence2010See 11 U.S.C. §§ 547 (b), 548(a); In re Curry & Sorensen, Inc., 57 B.R. 824, 828-29 (B.A.P. 9th Cir.1986) ("An action to set aside a fraudulent transfer must be brought in the name of the bankruptcy estate as the real party in interest.”); In re Fritz, 88 B.R. 434, 435 (Bankr.S.D.Fla.1988) (holding pursuant to 11 U.S.C. sections 544 (b) and 548(a) of the Bankruptcy Code, a fraudulent transfer claim is "available only to a bankruptcy trustee, not to a creditor”); In re Davidson Lumber, 19 B.R. 871 (Bankr.S.D.Fla.1982) (finding petitioning creditors lacked standing to challenge transfer as fraud | 1 | 1 |
K.D. Homes, Inc. v. Fritz (In Re Fritz)green1 sentence2010See 11 U.S.C. §§ 547 (b), 548(a); In re Curry & Sorensen, Inc., 57 B.R. 824, 828-29 (B.A.P. 9th Cir.1986) ("An action to set aside a fraudulent transfer must be brought in the name of the bankruptcy estate as the real party in interest.”); In re Fritz, 88 B.R. 434, 435 (Bankr.S.D.Fla.1988) (holding pursuant to 11 U.S.C. sections 544 (b) and 548(a) of the Bankruptcy Code, a fraudulent transfer claim is "available only to a bankruptcy trustee, not to a creditor”); In re Davidson Lumber, 19 B.R. 871 (Bankr.S.D.Fla.1982) (finding petitioning creditors lacked standing to challenge transfer as fraud | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Florida. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Volusia County v. Aberdeen at Ormond Beach
green
1 sentence2018Aberdeen at Ormond Beach, L.P., 760 So. 2d at 130 . 7 ANALYSIS In support of the fraudulent transfer claim, Poker Run relies on two separate statutory theories of recovery, raised with particularity, in its motion for summary judgment. | 1 | 2018–2018 |
Continental Cigar Corp. v. Edelman & Co., Inc.
green
1 sentence2010Citing to Biloxi Casino Corp. v. Wolf, 900 So.2d 734 (Fla. 4th DCA 2005), and Continental Cigar Corp. v. Edelman & Co., 397 So.2d 957 (Fla. 3d DCA 1981), Moffatt also argues the trial court had no discretion to deny proceedings supplementary to implead third parties. | 1 | 2010–2010 |
Biloxi Casino Corp. v. Wolf
green
1 sentence2010Citing to Biloxi Casino Corp. v. Wolf, 900 So.2d 734 (Fla. 4th DCA 2005), and Continental Cigar Corp. v. Edelman & Co., 397 So.2d 957 (Fla. 3d DCA 1981), Moffatt also argues the trial court had no discretion to deny proceedings supplementary to implead third parties. | 1 | 2010–2010 |
Citicorp v. Davidson Lumber Co. (In Re Davidson Lumber Co.)
green
1 sentence2010See 11 U.S.C. §§ 547 (b), 548(a); In re Curry & Sorensen, Inc., 57 B.R. 824, 828-29 (B.A.P. 9th Cir.1986) ("An action to set aside a fraudulent transfer must be brought in the name of the bankruptcy estate as the real party in interest.”); In re Fritz, 88 B.R. 434, 435 (Bankr.S.D.Fla.1988) (holding pursuant to 11 U.S.C. sections 544 (b) and 548(a) of the Bankruptcy Code, a fraudulent transfer claim is "available only to a bankruptcy trustee, not to a creditor”); In re Davidson Lumber, 19 B.R. 871 (Bankr.S.D.Fla.1982) (finding petitioning creditors lacked standing to challenge transfer as fraud | 1 | 2010–2010 |
Friedman v. Heart Inst. of Port St. Lucie, Inc.
green
1 sentence2009Id. | 1 | 2009–2009 |
REWJB Gas Inv. v. Land O'Sun Realty
green
1 sentence2002The trial court denied the motion for stay, and the physician seeks certiorari review under the authority of REWJB Gas Investments v. Land O'Sun Realty, 643 So.2d 1107 (Fla. 4th DCA 1994) (stay orders reviewable by certiorari). | 1 | 2002–2002 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.