Legal Opinion
Moffatt & Nichol, Inc. v. B.E.A. International Corp.
District Court of Appeal of Florida
Decided October 20, 2010No. 3D08-2089PublishedCited by 7 opinions
1Opinion of the CourtShepherd, J.
This is an appeal of a non-final order denying a judgment creditor’s Amended Motion for Proceedings Supplementary and Motion for Issuance of Writ of Execution, pursuant to Florida Rule of Appellate Procedure 9.130(a)(4). We have jurisdiction. The question presented is whether one particular creditor has standing to pursue derivative claims, alleging loss or damage to a person or entity, against a debtor company, which has made a statutory assignment for the benefit of creditors pursuant to Chapter 727 of the Florida Statutes after the assignment has been made. For the reasons set forth below,…
2Cases cited11 opinions
- E.F. Hutton & Co., Inc. v. George Hadley, Bankruptcy Trustee, Inc., Trustee for the Liquidation of Gic Government Securities, Inc.Court of Appeals for the Eleventh Circuit · 1990
- Hansen v. Finn (In Re Curry & Sorensen, Inc.)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1986
- Seminole Boatyard, Inc. v. ChristophDistrict Court of Appeal of Florida · 1998
- Mejia v. RuizDistrict Court of Appeal of Florida · 2008
- Skolnick v. Atlantic Gulf Communities Corp. (In Re General Development Corp.)District Court, S.D. Florida · 1995
6 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Akin Bay Company, LLC v. Von KahleDistrict Court of Appeal of Florida · 2015
- Smith v. Effective Teleservices, Inc.District Court of Appeal of Florida · 2014
- IN RE: ASSIGNMENT FOR THE BENEFIT OF CREDITORS OF MIAMI PERFUME JUNCTION, INC. v. LESLIE S. OSBORNE, etc.District Court of Appeal of Florida · 2020
- IN RE: ASSIGNMENT FOR THE BENEFIT OF CREDITORS OF MIAMI PERFUME JUNCTION, INC. v. LESLIE S. OSBORNE, etc.District Court of Appeal of Florida · 2020
- JAVIER ARDURA v. MORIS BERACHADistrict Court of Appeal of Florida · 2021
2 more not listed; retrieve them via the Exa API.