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Florida Statute 727.110 - Full Text and Legal Analysis
Florida Statute 727.110 | Lawyer Caselaw & Research
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The 2025 Florida Statutes

Title XLI
STATUTE OF FRAUDS, FRAUDULENT TRANSFERS, AND GENERAL ASSIGNMENTS
Chapter 727
GENERAL ASSIGNMENTS
View Entire Chapter
F.S. 727.110
727.110 Actions by assignee and other parties in interest.
(1) All matters requiring court authorization under this chapter shall be brought by motion, except for the following matters, which shall be brought by supplemental proceeding, as provided in subsection (2):
(a) An action by the assignee to recover money or other assets of the estate;
(b) An action by the assignee to determine the validity, priority, or extent of a lien or other interest in property or to subordinate or avoid an unperfected security interest under s. 727.109(8)(b); and
(c) An action by the assignee to avoid any conveyance or transfer void or voidable by law under s. 727.109(8)(c).
(2) A supplemental proceeding is an action of the type designated in paragraphs (1)(a), (b), and (c) and shall be brought as follows:
(a) The Florida Rules of Civil Procedure shall apply to supplemental proceedings, except where inconsistent with the provisions of this chapter.
(b) The clerk of the court shall docket a supplemental proceeding under both the same case number assigned to the original petition filed by the assignee pursuant to s. 727.104 and a separate supplemental proceeding number, and shall assign such supplemental proceeding to the same division and judge assigned to the main case.
(c) All pleadings and other papers filed in a supplemental proceeding shall contain a separate subcaption and the supplemental proceeding number in addition to the caption and case number applicable to the main case.
(3) As to an assignee’s rejection of an unexpired lease of nonresidential real property or of personal property, as provided under ss. 727.108(5) and 727.109(6):
(a) The assignee shall file a notice of rejection with the court and serve a copy, by negative notice as defined in s. 727.103, on the owner or lessor of the affected property and, for personal property, on the landlord of the premises on which the property is located. A notice of rejection relating to personal property must identify the affected property, the address at which the affected property is located, the name and telephone number of the person in possession of the affected property, and the deadline for removal of the affected property.
(b) The effective date of the rejection is the date of entry of a court order authorizing such rejection, unless the court orders otherwise.
(c) If the lessor of the affected property fails to take possession thereof after notice of the rejection, the estate’s rights and obligations to and liability for the property terminate upon the effective date of the rejection.
History.s. 10, ch. 87-174; s. 8, ch. 2007-185; s. 5, ch. 2013-244; s. 5, ch. 2023-219.

F.S. 727.110 on Google Scholar

F.S. 727.110 on CourtListener

Amendments to 727.110


Annotations, Discussions, Cases:

Cases Citing Statute 727.110

Total Results: 3

Smith v. Effective Teleservices, Inc.

133 So. 3d 1048, 2014 WL 51686, 2014 Fla. App. LEXIS 144

District Court of Appeal of Florida | Filed: Jan 8, 2014 | Docket: 60238652

Cited 1 times | Published

726.102(4), Fla. Stat. (2010). Authorized by section 727.110(l)(c) to avoid a voidable transfer, the assignee

United States v. Timothy Jermaine Pate

Court of Appeals for the Eleventh Circuit | Filed: Aug 10, 2022 | Docket: 64882880

Published

Argued: Jun 13, 2023

Death Penalty Act of 1996, Pub. L. No. 104– 132, § 727, 110 Stat. 1214, 1302. USCA11 Case: 20-10545

Industrion, Inc. v. Hialeah Industries, Inc.

593 So. 2d 596, 1992 Fla. App. LEXIS 1046, 1992 WL 21859

District Court of Appeal of Florida | Filed: Feb 11, 1992 | Docket: 64665272

Published

brought supplemental proceedings pursuant to section 727.110, Florida Statutes, to collect damages on the