The 2022 Florida Statutes (including 2022 Special Session A and 2023 Special Session B)
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On September 14, 2021, the Court found that all of Fla. Stat. § 56.29(1)'s prerequisites were met and granted Casa's Motion to Commence Proceedings Supplementary. ECF No. [4]. Accordingly, the Court overrules Respondents' Objections and strikes the Eighth Affirmative Defense.
We respectfully disagree based on two textual arguments and longstanding case law. Subsection 56.29(6) authorizes the court in proceedings supplementary to enter money judgments against "any person to whom a Notice to Appear has been directed . . . whether such person has retained the property . . ." § 56.29(6), Fla. Stat. (emphasis added). At the same time, subsection 56.29(3) also expressly references "Notices to Appear" as the means to bring into the proceeding the person to whom the debtor fraudulently transferred the asset. § 56.29(3)(b), Fla. Stat. It follows that subsection 56.29(6)'s authority to issue money judgments against "any person to whom a Notice to Appear has been directed" includes persons to whom a "Notice to Appear" was directed under subsection 56.29(3). In fact, the Legislature added the term "Notice to Appear" in subsection 56.29(6)'s grant of authority to issue money judgments at the same time it added the reference to a "Notice to Appear" in subsection 56.29(3)'s fraudulent transfer provision. Ch. 2016-33 §18, Laws of Florida. This text cannot be reconciled with Appellant's argument.
Casa Express further argues that Respondents' Eighth Affirmative Defense, alleging that Casa Express failed to satisfy the requirements to commence a supplementary proceeding, is “redundant, legally insufficient, and patently frivolous.” See Motion to Strike [D.E. 154 at 5-6]. Although Respondents maintain that Casa Express was required to obtain a writ of execution and file an affidavit attesting that the writ is unsatisfied in compliance with Fla. Stat. § 56.29( 1) and prevailing case law, see Response [D.E. 165 at 10], Casa Express notes that the statute, as amended, no longer requires a writ of execution. See Motion to Strike [D.E. 154 at 5]. Moreover, Casa Express argues that in granting its Motions for Proceedings Supplementary [D.E. 3, 60], the Court “expressly ruled” that Casa Express was “in compliance with the statutory prerequisites prescribed by Fla. Stat. § 56.29( 1).” Id. (citing Order [D.E. 62 ¶ 1]); see also Order [D.E. 4 at 3] (“Casa Express has demonstrated that it holds an unsatisfied judgment against Defendant and has submitted a sufficient affidavit averring that the judgment is valid and unsatisfied....Thus, Casa Express has satisfied the…
Third, Plaintiffs have not “describe[d] any property of the judgment debtor not exempt from execution in the hands of any person or any property, debt, or other obligation due to the judgment debtor which may be applied toward the satisfaction of the judgment.” See Fla. Stat. § 56.29( 2). Nor have Plaintiffs provided proposed Notices to Appear with their motion, which the Court will require. See id. Such Notices must be in the form required by § 56.29( 2). See also In re Amendments to Fla. Rule of Civil Procedure 1.570 & Form 1.914, 244 So.3d 1009, 1010 (Fla. 2018) (providing required form for Notice to Appear). The Notices “must describe with reasonable particularity the property, debt, or other obligation that may be available to satisfy the judgment.” Fla. Stat. § 56.29( 2); see also SMS Financial J, LLC v. Cast-Crete Corporation, No. 8:18-mc-00008-CEH-JSS, Doc. No. 10, at 4-5 (M.D. Fla. April 10, 2018) (noting that description “any property” is not the “reasonable particularity” required by § 56.29( 2)). Plaintiffs may be entitled to discovery in aid of execution under the rules of civil procedure. See Fed.R.Civ.P. 69(a)(2); Fla. Stat. …
If any person, including a person to whom a Notice to Appear has been issued pursuant to s. 56.29(2), other than the judgment debtor claims any property levied on, he or she may obtain possession of the property by filing with the officer having the execution an affidavit by the claimant, or the claimant's agent or attorney, that the property claimed belongs to the claimant and by furnishing the officer a bond with surety to be approved by the officer in favor of the judgment creditor in double the value of the goods claimed as the value is fixed by the officer and conditioned to deliver said property on demand of said officer if it is adjudged to be the property of the judgment debtor and to pay the judgment creditor all damages found against the claimant if it appears that the claim was interposed for the purpose of delay.
In addition, Plaintiff has satisfied the statutory prerequisites of § 56.29(2) for impleading third parties. In the affidavit attached to the Motion, ECF No. [122-7], Plaintiff sufficiently identifies two (2) real properties of the Judgment Debtor purchased with misappropriated Venezuelan funds in the hands of the proposed impleaded parties. As such, the Court must issue Notices to Appear. See Fla. Stat. § 56.29(2) (“Upon filing of the motion and affidavits that property of the judgment debtor, or any debt, or other obligation due to the judgment debtor in the custody or control of any other person may be applied to satisfy the judgment, then the court shall issue a Notice to Appear”) (emphasis added).
Plaintiff Thistle Communications, LLC's has filed two notices under Fla. Stat. § 56.29. (Doc. 78, Doc. 79.) Upon review, the Court finds both meet the statutory requirements. (See Doc. 76.) Signed copies of the notices are attached to this order. Plaintiff must notify the Court of the date the notices are served, as the time to respond is dictated by the service date.
In the context of a supplementary proceeding, alter ego/veil-piercing is a standalone cause of action to hold supplemental defendants liable to the same extent as the judgment debtor. To that end, a judgment creditor may implead an alleged alter ego and seek to hold it liable to the same extent as the judgment debtor in either of two ways: (1) the judgment creditor may file a declaration that satisfies the requirements of Fla. Stat. § 56.29(2) and request that the Court issue a Notice to Appear to the alleged alter ego, see Floridians for Solar Choice, Inc. v. PCI Consultants, Inc., 15-CV-62688, 2019 WL 2297524, at *2 (S.D. Fla. May 30, 2019), or (2) the judgment creditor may file and serve the alleged alter ego with a supplemental complaint that includes a count for alter ego/veil piercing liability as well as a Notice to Appear that complies with Fla. Stat. § 56.29(2), see, e.g., W.P. Productions, Inc. v. Tramontina U.S.A., Inc., 18-CV-63162, 2021 WL 1907029, at *1-*2 (S.D. Fla. May 12, 2021); SMS Fin. J, LLC v. Cast-Crete Corp., 818MC00008CEHJSS, 2018 WL 1726434, at *2-*3 (M.D. Fla. Apr. 10, 2018).
Similarly, subsection (9) allows for entry of a money judgment, but only for claims brought under chapter 726, which address fraudulent transfers. None of the causes of action in the Supplemental Complaint are asserted under chapter 726. See ECF No. [101]. While Count II is a claim for fraudulent transfer, Rubis asserts that claim under Fla. Stat. § 56.29(3)(b). Id. at ¶ 54. This subsection does not authorize money judgments. See McGregor, 332 So.3d at 491 (“[S]ubsection (3)(b) [of § 56.29] does not allow for an award of money damages.. .[and] section 56.29(6) does not authorize the entry of a money judgment based on a claim under subsection (3)(b).”); Estate of Jackson, 812 F.Supp.2d at 1309 (“Section 56.29 does not create substantive rights of recovery nor provide a basis for entry of a money judgment.”). For these reasons, the Supplemental Complaint cannot properly seek damages against Respondents.
In Shim v. Buechel, the Florida Supreme Court stated that a trial court may order a defendant over whom it has in personam jurisdiction to act on foreign property pursuant to Fla. Stat. § 56.29(6). See Shim v. Buechel, 339 So.3d 315, 317 (Fla. 2022)
. . . . § 56.29 borrows substantively from fraudulent transfer law but does not adopt its shorter statute of . . .
. . . In the 56.29 Proceeding, Plaintiffs seek judgment against Defendants under § 56.29 of the Florida Statutes . . . Defendants bear the burden of proof under § 56.29. . . . Agreed Order Consolidating Cases - 56.29 Proceeding, Doc. . . . No. 266, ¶ 28. 56.29 Proceeding, Doc. Nos. 9 and 60. 56.29 Proceeding, Doc. . . . Stat. § 56.29(3)(a) (emphasis added). Morton v. . . .
. . . LB Judgment's commencement of proceedings supplementary is authorized by section 56.29, Florida Statutes . . . 4th DCA 2018), the Fourth District observed that "the current statutory scheme set forth in section 56.29 . . . Subject to the requirements of sections 56.29 and chapter 726, Florida Statutes, LB Judgment may avail . . . This Court has held that when the jurisdictional requirements of section 56.29 have been met (as here . . . The court concluded that the requirements of section 56.29 for the issuance of notices to appear were . . .
. . . 2017, the trial court issued a notice to appear to the three impleaded party defendants under section 56.29 . . .
. . . ." § 56.29(1), Fla. Stat. (2017). When Mr. . . .
. . . Wells Fargo sought proceedings supplementary under section 56.29, Florida Statutes (2014), and moved . . .
. . . asserting three grounds for recovery: (1) the note; (2) section 57.115, Florida Statutes ; and (3) section 56.29 . . . trial court improperly determined the lender was entitled to attorney's fees and costs under section 56.29 . . .
. . . LLC, appeals an order denying its motion to avoid a fraudulent transfer brought pursuant to section 56.29 . . . ("In situations like this one, the presumption in § 56.29(6) is that a spousal transfer should be voided . . . can prove that it did not make the transfer to delay, hinder, or defraud creditors ...."); see also § 56.29 . . . Cord Realty, Inc. , 677 So.2d 1322, 1324 (Fla. 4th DCA 1996) (noting that § 56.29"shifts the burden to . . . shifting the burden of proof to the judgement debtor in supplementary proceedings is now in section 56.29 . . .
. . . New form 1.914(b) is adopted in response to 2016 amendments to section 56.29(2), Florida Statutes, which . . . claimant of property is required to file with the court in response to a Notice to Appear under section 56.29 . . . YOU ARE NOTIFIED that, pursuant to section 56.29, Florida Statutes, proceedings supplementary to satisfy . . . Form 1.914(c) is used by a claimant to respond to a Notice to Appear under section 56.29(2), Florida . . .
. . . Saunders, 101 B.R. at 303 ("The specific provision followed by Professional is set forth at § 56.29(6 . . .
. . . that an unrebutted presumption was created that the transfer was fraudulent by operation of sections 56.29 . . . Section 56.29(6)(a) provides: When, within 1 year before the service of process on him or her, defendant . . . 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 56.29(3)(a) and 56.29(6)(3) do not materially differ. . . .
. . . the judgment creditor's motion and affidavit did not satisfy the description requirement of section 56.29 . . . Section 56.29, as amended effective July 1, 2016, now states in relevant part: (1) When any judgment . . . The 2016 amendment left section 56.29(1) largely unchanged, but substantially amended section 56.29(2 . . . (1), "the judgment creditor is entitled to these proceedings supplementary to execution." § 56.29(1), . . . Here, the description requirement in section 56.29(2) is clear and unambiguous. . . .
. . . were'thus improperly foreclosed by the Injunction: proceedings supplementary under Florida Statutes § 56.29 . . . Consider the simple example of a state-law judgment under Florida Statutes § 56.29 determining that Schron . . . Stat. § 56.29(3)(b). . . . .
. . . were thus improperly foreclosed by the Injunction: proceedings supplementary under Florida Statutes § 56.29 . . . Consider the simple example of a state-law judgment under Florida Statutes § 56.29 determining that Schron . . . Stat. § 56.29(3)(b). . . . .
. . . . §§ 56.29, 726.105. . . . Stat. § 56.29(6)(b) (2015). . . . Id. § 56.29(9). . . . the Regions judgment and its priority lien to FTBB was a fraudulent transfer in violation of section 56.29 . . . “Under section 56.29(5) a court may fashion an appropriate equitable remedy to afford a judgment creditor . . .
. . . See § 56.29, Fla. Stat. . . .
. . . that the court found that Destination was entitled to reasonable costs and fees pursuant to section 56.29 . . . Section 56.29(11) provides for the award of fees and costs against the judgment debtor in proceedings . . . Moreover the award of costs was mandatory under section 56.29(11). See Gaedeke Holdings, Ltd. v. . . . (quoting § 56.29(11))). . . .
. . . reconsideration, the Former Wife added an alternative basis for the award of attorney’s fees, section 56.29 . . . of that statute provides that “Reasonable attorney fees may be taxed against the judgment debtor.” § 56.29 . . . P. 9.400(a); § 56.29(8), Fla. Stat. . . .
. . . At the time of the proceedings below, section 56.29, Florida Statutes, which governs proceedings supplementary . . . Reasonable attorney’s fees may be taxed against the defendant.” § 56.29(11), Fla. Stat. (2015). . . . TPI Int’l Airways, 630 So.2d 1167, 1169 (Fla. 4th DCA 1993); see also § 56.29(11), Fla. . . . Reasonable attorney fees may be taxed against the judgment debtor.” § 56.29(8), Fla. Stat. (2016). . . .
. . . 14^02) which was removed from state court seeking supplementary proceedings under Florida Statute § 56.29 . . . in which the Trustee joined as a party plaintiff (id.); and (6) under § 56.29 the Court may avoid certain . . .
. . . “right, title, ownership, and interest in” the pending Lauderdale Marine case, pursuant to section 56.29 . . . Donovan used section 56.29 to initiate proceedings supplementary. . . . Section 56.29(5) provides that a court “may order any property of the judgment debt- or, not exempt from . . . A “chose in action” is “property” within the meaning of section 56.29(5). Puzzo v. . . . MYD’s lawsuit against Lauder-dale Marine was a chose in action subject to the reach of section 56.29( . . .
. . . . § 56.29. . . . Stat. § 56.29, and Fla. . . . Section 56.29(6) provides that if the defendant held title to personal property within one year before . . . Relief under § 56.29(6) differs from the fraudulent transfer provisions of Chapter 726 because (i) the . . . Stat. § 56.29(6)(a) and is not subject to avoidance. . . .
. . . Stat. (2014); § 56.29, Fla. Stat. (2014). . . .
. . . . § 56.29(H). See Fed. R. Civ. . . . Stat. § 56.29(11). . . .
. . . Relevant here, Florida Statute § 56.29(1), which is part of the procedural authority relied on by the . . . obligation due to the judgment debtor, to be applied toward the satisfaction of the judgment debt”. § 56.29 . . . against any impleaded defendant irrespective of whether such defendant has retained the property”. § 56.29 . . . Citing rale 69(a)(1), Florida Rule of Civil Procedure 1.190(d), and Florida Statute § 56.29(1), they . . . In granting it, the court concluded: the motion complied with rule 69 and Florida Statute § 56.29; and . . .
. . . King subsequently filed a motion seeking to initiate proceedings supplementary under section 56.29, Florida . . . Stat. § 56.29(3).” . . . Section 56.29, Florida Statutes (2014), entitled “Proceedings supplementary,” provides “a speedy and . . . Section 56.29 does not alleviate the requirement that a trial court have jurisdiction over an impleaded . . . Section 56.29(3) does not authorize service by mail of a party that has yet to be impleaded or joined . . .
. . . . § 56.29. . . . Stat. § 56.29(1). . . . Id. § 56.29(5). . . . . § 56.29(9). . . . Stat. § 56.29(5), (6)(b), (9). . . .
. . . Levin pursuant to section 56.29, Florida Statutes (2013), on the theory that National Auto Service had . . . Proceedings supplementary under section. 56.29 are ancillary, postjudgment proceedings conducted ,in . . . See § 56.29(5); Jackson-Platts, 110 So.3d at 8. . . . Section 56.29 does hot regulate this procedure in detail, however, and its application in the real'world . . . the factual and legal basis for the proceedings supplementary or identifying the relief it seeks. § 56.29 . . .
. . . order of involuntary dismissal; as Wells failed to establish a prima facie case, pursuant to section 56.29 . . .
. . . Bank and Trust of Florida, appeals from an order denying its petition for supplemental relief under § 56.29 . . . motion to commence proceedings supplementary to execution on the storage-related judgment per section 56.29 . . . In situations like this one, the presumption in § 56.29(6) is that a spousal transfer should be voided . . . S & A Assocs., Inc., 488 So.2d 159, 160 (Fla. 1st DCA 1986), citing § 56.29(6)(a), where a trial court . . . was made to “hinder” creditors, but not whether it was made to “defraud” or “delay” creditors per § 56.29 . . .
. . . garnishment proceedings, whereas the instant case involves supplementary proceedings under section 56.29 . . . be: tween garnishment proceedings under Florida statute and supplementary proceedings under section 56.29 . . . Stat. § 56.29. . . . Plaintiff has commenced a supplementary proceeding under Florida Statute section 56.29(6), which Florida . . . The same reasoning applies to the extent section 56.29(6) is interpreted and applied without resorting . . .
. . . . § 56.29(6), to void the transfer, and the district court later entered a judgment against Straub. . . . Stat. § 56.29(6)(b), National Maritime asked the district court to void the transfer of proceeds from . . . our holding in Jack-sonr-Platts establishes that any supplementary proceeding brought under section 56.29 . . . To determine whether a transfer is fraudulent within the meaning of section 56.29(6)(b), Florida courts . . .
. . . This case involves proceedings supplementary to execution, section 56.29, Florida Statutes, which for . . . Because Biel Reo holds a valid, un satisfied execution and § 56.29(6) entitles judgment creditors to . . . Stat., and § 56.29(5) makes use of substantive portions of § 736.0505, Fla. Stat. . . . (6) (which is when § 56.29 is most often used, see Padovano, Florida Civil Practice § 13:6). . . . Section 56.29, Florida Statutes (2012), provides in relevant part, that: Section 56.29 Proceedings supplementary . . .
. . . the magistrate to clarify whether she had considered and applied sections 726.105(l)(b), 726.106, and 56.29 . . .
. . . There is no order reopening the underlying action or initiating proceedings supplementary under section 56.29 . . .
. . . . § 34:11-56.29. The employer must preserve these records for two years. Id. . . .
. . . that effect—and identifying third persons to be impleaded—Puleo satisfied the requirements of section 56.29 . . . Impleading additional parties under section 56.29 does not, however, “in and of itself imply liability . . .
. . . Berman filed supplementary proceedings against APW and others to collect on the judgment pursuant to § 56.29 . . . Section 56.29, Fla. . . . Fla Stat. § 56.29(1), (6)(a); see also Jackson-Platts v. Gen. Elec. . . .
. . . The creditor filed a motion for proceedings supplementary to execution pursuant to section 56.29, Florida . . . Section 56.29(5) provides that “[t]he judge may order any property of the judgment debtor, not exempt . . . person or due to the judgment debtor to be applied toward the satisfaction of the judgment debt.” § 56.29 . . . of this section to subject property or property rights of any defendant to execution.” § 56.29(9), Fla . . . Furthermore, unlike Koehler, the order in this case is governed by section 56.29, Florida Statutes. . . .
. . . If, however, the litigant is conducting proceedings supplementary pursuant to section 56.29, Florida . . . See § 56.29(2); Fundamental Long Term Care Holdings, LLC, 110 So.3d at 11. . . . . § 56.29(2). . . .
. . . suggestion that we ignore the nonfi-nal nature of the order because supplementary proceedings, see § 56.29 . . .
. . . those setting forth a facially sufficient cause of action for proceedings supplementary under section 56.29 . . . The procedural requirements of section 56.29 have been referred to as “jurisdictional prerequisites for . . . And courts have recognized that the satisfaction of the procedural requirements of section 56.29 allows . . . insufficient service of process if the plaintiff complies with the procedural requirements of section 56.29 . . . However, neither section 56.29 nor the above-cited cases address the specific question presented here . . .
. . . TPI Int’l Airways, 630 So.2d 1167, 1169 (Fla. 4th DCA 1993); see also § 56.29(11), Fla. . . . See § 56.29(5) (permitting the court to order that any property of the judgment debtor “in the hands . . .
. . . On appeal, Sanchez argues that the use of proceedings supplementary pursuant to section 56.29, Florida . . . Proceedings supplementary under section 56.29 are special statutory “proceedings subsequent to judgment . . . In order to initiate proceedings supplementary, section 56.29 requires that the judgment creditor have . . . an unsatisfied judgment and file an affidavit averring that the judgment is valid and outstanding. § 56.29 . . . third party in cases where the judgment debtor has made a fraudulent transfer to the third party, see § 56.29 . . .
. . . against Straub and Burrell pursuant to Federal Rule of Civil Procedure 69 and Florida Statute Section 56.29 . . . the Supplemental Complaint is titled, “Action to Avoid and Recover Fraudulent Transfer Pursuant to § 56.29 . . . Under section 56.29(6)(a), the defendant has the burden of proving a judgment debtor’s transfer made . . . Id.; see also Amjad Munim, M.D., P.A., 648 So.2d at 153 (“Pursuant to section 56.29(6), the burden is . . . Florida Statute Section 56.29(6)(a) states: When, within 1 year before the service of process on him . . .
. . . Stat. § 56.29(1). . . . Stat. § 56.29(1). . . . Stat. § 56.29(4). . . . Stat. § 56.29(5). . . . Id. § 56.29(6)(b). . . .
. . . . § 56.29(1), Fla. Stat. (2012); see also B & I Contractors, Inc. v. Mel Re Constr. . . .
. . . Award OKALOOSA costs and attorneys’ fees for these proceedings under § 56.29(11), Florida Statutes and . . . Section 56.29, Florida Statutes, governs “Proceedings supplementary.” Relying upon Regent Bank v. . . . , Florida Statutes: “The predicate for impleading a third party under section 56.29 is that the judgment . . . See § 56.29(6)(a). . . . See § 56.29(6)(b). Id. at 1037-38 (Footnote omitted). . . .
. . . defendants, including the three appellants in this appeal, in proceedings supplementary under section 56.29 . . . Proceedings supplementary under section 56.29 are special statutory “proceedings subsequent to judgment . . . But unless the civil rules provide to the contrary, the statutory procedure set forth in section 56.29 . . . Therefore, we must look to the procedure in section 56.29. . . . In this case, the Estate properly followed the procedure set forth in section 56.29. . . .
. . . . § 56.29). . . .
. . . initiated supplementary proceedings pursuant to Federal Rule of Civil Procedure 69(a) and Florida Statute § 56.29 . . . Section 56.29(1) provides: When any person or entity holds an unsatisfied judgment or judgment lien obtained . . . Stat. § 56.29(1). . . . .
. . . Second, Bodywell asserts that Florida Statute § 56.29 and the Federal Rules require that James River . . . Stat. § 56.29. Office Building, LLC v. . . . Stat. § 56.29(5). . . . Hence, Bodywell has met § 56.29’s requirements for instituting proceedings supplementary. . . . Stat. § 56.29 in the 45 years since DaCosta was decided. See Ferguson v. . . .
. . . Pursuant to section 56.29, Florida Statutes (2003), the Franks requested an examination of Perrone and . . .
. . . Section 56.29, Florida Statutes (2007). . . . .
. . . the Jackson estate requested in the Polk County circuit court a supplemental proceeding under Section 56.29 . . . Following the prescription of Section 56.29, the state court directed GECC and Schron: to show cause . . . A Section 56.29 Supplemental Proceeding Section 56.29 empowers the Florida court that rendered a judgment . . . A Section 56.29 supplemental proceeding lacks important characteristics of a new or separate suit. . . . an impleaded party would grossly transgress the purpose and structure of Section 56.29. . . .
. . . Contractors, Inc., appeals an order denying its motion for proceedings supplementary pursuant to section 56.29 . . . B & I attached several exhibits to the motion, including an affidavit in compliance with section 56.29 . . . Proceedings Supplementary Section 56.29 provides for proceedings supplementary. . . . See § 56.29(6)(a). . . . See § 56.29(6)(b). . . .
. . . January 5, 2010, Plaintiffs moved pursuant to Federal Rule of Civil Procedure 69(a) and Florida Statute § 56.29 . . . Section 56.29(1) provides; When any person or entity holds an unsatisfied judgment or judgment lien obtained . . . Stat. § 56.29(1). . . .
. . . The motion requested that the trial court commence a proceeding supplementary pursuant to section 56.29 . . . Section 56.29 of the Florida Statutes provides, in relevant part: 56.29. . . . . § 56.29(5X9), Fla. Stat. (2009). . . . The Florida courts have consistently held that section 56.29 must be given a liberal construction in . . . Section 56.29 of the Florida Statutes provides that, in proceedings supplementary, the trial court may . . .
. . . See § 56.29, Fla. Stat. (2008); Mejia v. . . .
. . . See § 56.29, Fla. Stat. (2007). . . . See § 56.29, Fla. Stat. (2007). . . .
. . . Section 56.29(11) states that: “[cjosts for proceedings supplementary shall be taxed against the defendant . . . Stat. § 56.29(11) (emphasis added). . . . 677 So.2d 1322, 1324 (Fla. 4th DCA 1996) (recognizing that the term “defendant” as used in section 56.29 . . . The Court does not need to determine whether Fed.R.Civ.P. 54(d) or section 56.29, Fla. . . . Section 56.29, Fla. . . .
. . . insist that Cypress Recovery was and is required to initiate proceedings supplementary under section 56.29 . . . Generally, section 56.29 provides that a judgment creditor may file an affidavit stating that it holds . . . an unsatisfied judgment and that the execution is valid and outstanding. § 56.29(1), Fla. . . . The Gamezes point specifically to section 56.29(5) which provides: “The judge may order any property . . . In re Hinton, 378 B.R. 371 (M.D.Fla.2007), in which the court stated that a plain reading of section 56.29 . . .
. . . Subsection 56.29(11), Florida Statutes (2006), provides that costs in proceedings supplementary are taxable . . . Subsection 56.29(2), Florida Statutes (2006), allows the examination to be conducted by the court, a . . . Under subsection 56.29(7), a special magistrate "shall be paid the fees provided by law.” . . . Section 56.29(11) provides: "Costs for proceedings supplementary shall be taxed against the defendant . . . Florida Bar, Creditors' and Debtors' Practice in Florida § 11.12, at 11-15 (3d. ed. 2007) (citing § 56.29 . . .
. . . See 4 Collier on Bankruptcy ¶ 522.11 (15th ed. rev.2009); 3 Norton Bankruptcy Law and Practice ¶ 56.29 . . .
. . . Do-nan claims that the trial court crafted an exception to section 56.29(5), Florida Statutes (2007), . . . Section 56.29(5) provides: “The judge may order any property of the judgment debtor, not exempt from . . . In addition, section 56.29(5), set out above, says that the judge “may,” not shall, order execution. . . .
. . . trial court entered a final judgment against Blo-co in “supplementary proceedings pursuant to section 56.29 . . . filed a second amended motion for attorney’s fees and costs, relying on the final judgment and section 56.29 . . . But, Bloco is not liable for fees under section 56.29(11). . . .
. . . production in aid of execution upon Carmel and commenced proceedings supplementary pursuant to section 56.29 . . . The section 56.29 proceeding was presented to the court by uncontested submission of deposition transcripts . . . Pursuant to section 56.29, judgment creditors have a “useful, efficacious and salutary remedy ... to . . . Section 56.29(6)(b) states that any transfer, assignment or other conveyance of personal property made . . . S & A Assocs., Inc., 488 So.2d 159, 160 (Fla. 1st DCA 1986); § 56.29(6)(a) (“[T]he defendant has the . . .
. . . . § 56.29 (2005). . . .
. . . proceedings supplementary in case number 00-2120CI-HNO, alleging only the basic requirements of section 56.29 . . . Section 56.29 authorizes any person to request proceedings supplementary when he or she “holds an unsatisfied . . . judgment or judgment lien obtained under chapter 55.” § 56.29(1). . . . Section 56.29 authorizes a judge to order property of the debtor that is “in the hands of any person . . . or due to the judgment debtor to be applied toward the satisfaction of the judgment debt.” § 56.29(5) . . .
. . . See § 56.29, Fla. Stat. (2007). . . . See id. § 56.29(4). . . .
. . . fraudulent transfers under Section 522(o) of the Bankruptcy Code or to administration pursuant to Section 56.29 . . . of the Florida Statutes, Bankruptcy Code Section 522(o) and, alternatively, Florida Statute Section 56.29 . . . , in relevant part, as follows: 56.29. . . . West’s F.S.A. § 56.29 (all emphasis added). . . . A plain reading of Florida Statute Section 56.29 leads to at least three conclusions. . . .
. . . An impleaded defendant in proceedings supplementary to execution under section 56.29, Florida Statutes . . .
. . . After learning of the formation of OIM, Brown and Romagosa filed suit pursuant to Florida Statutes § 56.29 . . . Stat. § 56.29. . . . Stat. § 56.29(6)(b). . . . The purpose of § 56.29 is to assist judgment creditors in reaching the assets of judgment debtors. . . . As previously stated, Romagosa's § 56.29 complaint did not allege separate claims. . . .
. . . After learning of the formation of OIM, Brown and Romagosa filed suit pursuant to Florida Statutes § 56.29 . . . Stat. § 56.29. . . . Stat. § 56.29(6)(b). . . . The purpose of § 56.29 is to assist judgment creditors in reaching the assets of judgment debtors. . . . As previously stated, Romagosa's § 56.29 complaint did not allege separate claims. . . .
. . . on a judgment becomes complex, the plaintiff initiates supplementary proceedings pursuant to section 56.29 . . . Such proceedings are served like a new lawsuit. § 56.29(3). . . .
. . . Forman moved for proceedings supplementary pursuant to section 56.29, Florida Statutes (2004). . . . Section 56.29(4) gave Forman the ability to question Bates as an officer of the defendant corporations . . . that Bates possessed property that should be “applied toward the satisfaction of the judgment debt.” § 56.29 . . .
. . . Section 56.29, Florida Statutes (2004), described the procedure by which a person holding an unsatisfied . . . We note that “[t]he court may enter any orders required to carry out the purpose of [section 56.29] to . . . subject property or property rights of any defendant to execution.” § 56.29(9), Fla. . . .
. . . cases, Wachter had filed proceedings supplementary in Pinellas County, Florida, pursuant to Section 56.29 . . .
. . . twenty year limitation period under Florida Statute § 56.29 is the applicable limitations period. . . . Stat. § 56.29 have been satisfied. . . . Stat. § 56.29(1); General Trading, Inc. v. . . . Additionally, § 56.29 does not create substantive rights of recovery nor provide a basis for entry of . . . Proceedings supplementary through § 56.29 are a procedural mechanism that provide a judgment creditor . . .
. . . Appellant is entitled to proceedings supplementary pursuant to section 56.29, Florida Statutes. . . .
. . . (“Crossings”), under section 56.29, Florida Statutes (2002). . . . Section 56.29 grants no authority for the recovery of attorneys’ fees against a party who has been implead . . .
. . . Gaedeke then sought to recover attorneys’ fees and costs under section 56.29(11), Florida Statutes, from . . . See § 56.29 Fla. Stat. (2003); Dusoe v. . . . Section 56.29, providing for impleading additional parties, contains no authority for assessing fees . . . Likewise, pursuant to section 56.29(5), “the judge may order any property of the judgment debtor [ ] . . . See § 56.29(5). . . .
. . . Section 56.29(2) specifically provides that “the court shall require the defendant in execution to appear . . . order in the county of the defendant’s residence to be examined concerning his or her property.” § 56.29 . . .
. . . Section 56.29(5), Florida Statutes (2000), governs proceedings supplementary to execution, and provides . . . derived from the trust is exempt from an execution of judgment and falls outside the purview of section 56.29 . . .
. . . . § 56.29, to collect upon the money judgment against Ms. Harrold. . . .
. . . See § 56.29, Fla. . . . Under section 56.29, Florida Statutes (2001), the trial judge could even require that discovery depositions . . .
. . . Wolk subsequently initiated proceedings supplementary under section 56.29, Florida Statutes (2000), by . . . courts have consistently recognized that, although collateral, proceedings supplementary under section 56.29 . . . Proceedings supplementary under section 56.29 were designed to give the circuit courts broad powers to . . . Under section 56.29, the plaintiff-judgment creditor may join a third party as an additional defendant . . .
. . . In its action against Maczko, the bank utilized supplementary proceedings under section 56.29, Florida . . .
. . . such that the conveyance should be declared void and the property made subject to execution, see § 56.29 . . .
. . . Section 56.29, Florida Statutes (2000), is the current version of the proceedings supplementary statute . . .
. . . In proceedings supplementary, § 56.29, Fla. . . .
. . . made a party to this appeal through supplementary proceedings undertaken in accordance with section 56.29 . . .
. . . See § 56.29, Fla. Stat. (1997). Id. . . .
. . . Had Case 320 been an action under section 56.29, Florida Statutes (1997), for proceedings supplementary . . .
. . . Proceedings supplementary are governed by the mandates of section 56.29, Florida Statutes, one provision . . . person or due to the judgment debtor to be applied toward the satisfaction of the judgment debt. § 56.29 . . .
. . . . § 1610(d)) and Section 56.29 of the Florida Statutes. . . .
. . . As a result, Ocala Breeders’ brought proceedings supplementary under section 56.29, Florida Statutes . . .
. . . See § 56.29, Fla. Stat. (1997); Fla. R. Civ. P. 1.610(a)(1); Pecora v. . . .
. . . This appeal is before us pursuant to section 56.29, Florida Statutes (1995) (proceedings supplementary . . .
. . . See § 56.29, Fla. Stat. (1997). . . .