Legal Opinion

Desak v. Vanlandingham

District Court of Appeal of Florida

Decided October 5, 2012No. 1D11-5525PublishedCited by 8 opinions

1Opinion of the CourtBenton, C.J.

As personal representative of the estate of Helen Desak, Wilma Desak appeals the order dismissing her complaint against Vanlandingham Farms, Inc. (VLFI) as time-barred. Based on the Uniform Fraudulent Transfer Act,1 the complaint alleged that the former owner of land in Gadsden County had conveyed it to VLFI to prevent the estate’s collecting a debt from him. The Circuit Court in and for Escambia County granted VLFI’s motion to dismiss without resolving the merits of the claim, ruling that it was clear from the face of the complaint that the estate’s claim against VLFI was untimely. We…

2Cases cited16 opinions

  1. Curd v. Mosaic Fertilizer, LLCSupreme Court of Florida · 2010
  2. Greco v. PullaraSupreme Court of Colorado · 1968
  3. Rigby v. LilesDistrict Court of Appeal of Florida · 1987
  4. Winn-Dixie Stores, Inc. v. Dolgencorp, Inc.District Court of Appeal of Florida · 2007
  5. Elliott v. GossSupreme Court of North Carolina · 1959

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3Cited by8 opinions

  1. National Auto Service Centers, Inc. v. F/R 550, LLCDistrict Court of Appeal of Florida · 2016
  2. Phillips v. Epic Aviation, LLCDistrict Court, M.D. Florida · 2017
  3. Central States, Southeast and Southwest Areas Pension Fund v. B & M Marine Construction, Inc.District Court, N.D. Illinois · 2018
  4. Damian v. Yahia Meftah Sole Prop.District Court, N.D. California · 2022
  5. Int'l Mgmt. Grp., Inc. v. Bryant BankCourt of Civil Appeals of Alabama · 2018

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