Florida/Georgia Personal Injury & Workers Compensation

You're probably overthinking it. Call a lawyer.

Call Now: 904-383-7448
Florida Statute 727.110 - Full Text and Legal Analysis Florida Statute 727.110 | Lawyer Caselaw & Research
Fla. Stat. § 727.110 (2026) Copy Cite Official Site Syfertize CourtListener Amendments
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.

Cases Citing F.S. 727.110

Copy

·Smith v. Effective Teleservices, Inc., 133 So. 3d 1048 (Fla. 4th DCA 2014).

Cited 1 times | Published | Florida 4th District Court of Appeal | 2014 WL 51686, 2014 Fla. App. LEXIS 144

...The assignee is authorized to prosecute the “estate’s claims and causes of action,” including actions to “recover money or other assets of the estate” and to “avoid any conveyance or transfer void or voidable by law under s.727.109(8)(c).” §§ 727.108(l)(a), 727.110(l)(a), (c), Fla....
...asset of the estate under sections 727.104(l)(b), 727.103(9), and 727.103(1). Chapter 726 thus works hand in hand with Chapter 727, which authorizes an as-signee to bring an action to “avoid any conveyance or transfer void or voidable by law.” §§ 727.110(l)(c), 727.109(8)(c), Fla....
...1 Under Chapter 726, it is the “creditor” who may “obtain” the remedies provided by the statute against a transferee. § 726.108(1), Fla. Stat. (2010). Chapter 726 broadly defines a “creditor” as “a person who has a claim.” § 726.102(4), Fla. Stat. (2010). Authorized by section 727.110(l)(c) to avoid a voidable transfer, the assignee is a “creditor” who may bring a Chapter 726 claim....
...transferred was an asset of the assignor that became part of the estate that the assignee was obligated to marshal on behalf of the creditors. To set aside the fraudulent transfer, the assignee would not pursue Smith’s Chapter 726 claims. Rather, section 727.110(l)(c) separately authorizes the assignee to bring a section 726 action to avoid any conveyance or transfer....
0 red0 yellow1 green0 procedural
Cited as authority(citing case) (2016)
phrase: "rule_authority"
Copy

·United States v. Timothy Jermaine Pate (11th Cir. 2022).

Published | Court of Appeals for the Eleventh Circuit

Argued: Jun 13, 2023

Death Penalty Act of 1996, Pub. L. No. 104– 132, § 727, 110 Stat. 1214, 1302. USCA11 Case: 20-10545
0 red0 yellow2 green0 procedural
Cited as authority(citing case) (2023)
phrase: "rule_authority"
Cited as authority(citing case) (2022)
phrase: "rule_authority"
Copy

Industrion, Inc. v. Hialeah Indus., Inc., 593 So. 2d 596 (Fla. 5th DCA 1992).

Published | Florida 5th District Court of Appeal | 1992 Fla. App. LEXIS 1046, 1992 WL 21859

...We affirm. In 1988, Hialeah Industries, Inc., assigned its assets to NACM pursuant to Chapter 727, Florida Statutes (1987). These assets included a business interruption insurance policy issued by Sterling. NACM brought supplemental proceedings pursuant to section 727.110, Florida Statutes, to collect damages on the policy....

This Florida statute resource is curated by this site's author, a Jacksonville, Florida personal injury and workers' compensation attorney (Florida Bar No. 39104). For legal consultation, call 904-383-7448.