Syfert Injury Law Firm

Capital Building LLC v. Fortune Ocean, LLLP

Court: Fla. Dist. Ct. App. | Date Filed: 2024-07-10T00:00:00-07:00

Snippet: So. 3d 498, 512 (Fla. 2d DCA 2016) (“[S]ection 726.110(1) does not provide for separate periods of limitations…limited class of claims brought later. Section 726.110(1) is a statute of repose in its entirety. . .… actions and the specific language of section 726.110(1), we hold that it is not subject to an assertion

ADA TURKISH TRASK 2005 TRUST NUMBER ONE, etc. v. ELLEN TURKISH

Court: Fla. Dist. Ct. App. | Date Filed: 2022-05-04T00:53:00-07:00

Snippet: Creditor’s claims are extinguished by section 726.110, which contains certain time limits for bringing…trustee. 2 The time limits set forth in section 726.110 apply to proceedings supplementary. See § 56.29…corners of the Complaint. See id. Section 726.110, Florida Statutes (2021), sets forth the following… here is the same if the time limit in section 726.110(2) applies. … four years after the transfer was made. See § 726.110(1), Fla. Stat. (2021). 6 In a footnote in her

JOHN G. MCGREGOR v. FOWLER WHITE BURNETT, P.A.

Court: Fla. Dist. Ct. App. | Date Filed: 2021-11-30T23:53:00-08:00

Snippet: were time barred by the application of section 726.110, Florida Statutes. Background and the…and the Statute of Repose in Section 726.110, Florida Statutes A. The Plaintiffs’ Arguments… subject to the limitations periods in section 726.110. The Plaintiffs contend that they could proceed…Act. See § 726.101, Fla. Stat. (2018). Section 726.110, Florida Statutes, sets forth the following limitations… made or the obligation was incurred. § 726.110(1)–(3), Fla. Stat. (2018). Under the pre-2014

UOWEIT, LLC v. THOMAS W. FLEMING, ROBIN FLEMING and CARLTON FIELDS JORDEN BURT, P.A.

Court: Fla. Dist. Ct. App. | Date Filed: 2020-07-22T00:53:00-07:00

Snippet: Analysis The creditor argues that section 726.110, Florida Statutes (2018), is inapplicable to proceedings…before the claims are extinguished. Section 726.110, Florida Statutes (2018), titled “[e]xtinguishment…incurred. 3 § 726.110(1)–(3), Fla. Stat. This statute extinguishes claims

MYRTLE GANNON v. JOHN CUCKLER, M. D.

Court: Fla. Dist. Ct. App. | Date Filed: 2019-10-16T00:53:00-07:00

Snippet: irrelevant, however, because the text of section 726.110(1) is unambiguous."). In the end, the cases

Glover v. Glover

Court: Fla. Dist. Ct. App. | Date Filed: 2017-06-28T00:00:00-07:00

Citation: 221 So. 3d 687, 2017 WL 2814886, 2017 Fla. App. LEXIS 9421

Snippet: action was barred by the statute of limitations. § 726.110, Fla. Stat. (2014). None of the issues appellant

Preudhomme v. Bailey

Court: Fla. Dist. Ct. App. | Date Filed: 2017-02-01T00:00:00-08:00

Citation: 211 So. 3d 127, 2017 Fla. App. LEXIS 1150

Snippet: trial court for further determinations). See § 726.110, Fla. Stat. (2015). However, the *133statute of

National Auto Service Centers, Inc. v. F/R 550, LLC

Court: Fla. Dist. Ct. App. | Date Filed: 2016-03-30T00:00:00-07:00

Citation: 192 So. 3d 498, 2016 Fla. App. LEXIS 4820, 2016 WL 1238265

Snippet: Section 726.110(1) is a statute of repose in its entirety. B. Having concluded that section 726.110(1) is…was or could reasonably have been discovered.” § 726.110(1). This case presents two issues of first impression…that F/R’s claim was extinguished under section 726.110(1) because it was not brought within four years…were equitably estopped from asserting section 726.110(1) as a bar to its claim because of the alleged…/R that the one-year savings clause in section 726.110(1) was not triggered until F/R discovered or should

Bedwell v. Rucks

Court: Fla. Dist. Ct. App. | Date Filed: 2012-10-31T00:00:00-07:00

Citation: 127 So. 3d 533, 2012 WL 5349381, 2012 Fla. App. LEXIS 18963

Snippet: transfer was made or the obligation was incurred.” § 726.110(2), Fla. Stat. (2010) (emphasis added); see also

Desak v. Vanlandingham

Court: Fla. Dist. Ct. App. | Date Filed: 2012-10-05T00:00:00-07:00

Citation: 98 So. 3d 710, 2012 WL 4746471, 2012 Fla. App. LEXIS 16833

Snippet: reasonably have been discovered by the claimant,” § 726.110(1), Fla. Stat. (2002), “within 1 year after the…the allegedly fraudulent transfer under section 726.110(1), Florida Statutes (2002), VLFI moved to dismiss…reasonably have been discovered by-the claimant. § 726.110(1), Fla. Stat. (2002). The trial court dismissed…accomplishes a fraudulent transfer causes the § 726.110 limitations period to begin to run. See generally

Calarese v. Weissfisch

Court: Fla. Dist. Ct. App. | Date Filed: 2012-05-23T00:00:00-07:00

Citation: 87 So. 3d 1225, 2012 WL 1859417, 2012 Fla. App. LEXIS 8135

Snippet: fraudulent transfer claim is barred by section 726.110, Florida Statutes (2009), which extinguishes a

Paragon Health Services, Inc. v. CENTRAL PALM BEACH COMMUNITY MENTAL HEALTH CENTER, INC.

Court: Fla. Dist. Ct. App. | Date Filed: 2003-11-12T00:00:00-08:00

Citation: 859 So. 2d 1233

Snippet: obligation was incurred. § 726.110, Fla. Stat. (2001). While section 726.110(1) contains a savings provision…section 726.110(1)). Here, the legislature specifically provided a savings clause in section 726.110(1) and…discussing the limitation contained in section 726.110(1), not 726.110(3), because we referred to the Segals as…the statute of limitations contained in section 726.110(3), Florida Statutes (2001). Paragon responded …are extinguished by the limitations in section 726.110(3). While we conclude that there is evidence in

Moran v. Schurger

Court: Fla. Dist. Ct. App. | Date Filed: 2003-07-23T00:00:00-07:00

Citation: 849 So. 2d 1184, 2003 Fla. App. LEXIS 11076, 2003 WL 21697321

Snippet: believe that the debtor was insolvent. Under Section 726.110(3), Florida Statutes(“Extinguishment of cause of

Snellgrove v. Fogazzi

Court: Fla. Dist. Ct. App. | Date Filed: 1993-03-23T23:53:00-08:00

Citation: 616 So. 2d 527

Snippet: upon retroactive application of FUFTA. Section 726.110, Florida Statutes (1991) provides: A cause of action…obligation incurred. By its own terms, section 726.110 applies only to claims arising under FUFTA. Thus