Izurieta v. Gonzalez

SHEVIN, Judge.

Patricia Izurieta petitions for a writ of certiorari to quash an order setting aside a transfer of real property as a fraudulent conveyance. We treat the petition as a notice of appeal, and reverse the order.

The trial court erred in granting the motion to set aside the transfer of property titled in Izurieta’s name. Izurieta was not brought into the case as an impleader defendant, or present in the proceedings in any capacity other than as a witness. “[D]ue process requires that the rights of third persons claiming adversely both to the plaintiff and defendant in execution…