Feliz Industries, Inc. v. Holmes Lumber Co.

District Court of Appeal of Florida

Feliz Industries, Inc. v. Holmes Lumber Co.

621 So. 2d 550, 1993 Fla. App. LEXIS 7368, 1993 WL 265300

CourtDistrict Court of Appeal of Florida

DecidedJuly 13, 1993

DocketNo. 92-2885

StatusPublished

This text of 621 So. 2d 550 (Feliz Industries, Inc. v. Holmes Lumber Co.) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Feliz Industries, Inc. v. Holmes Lumber Co., 621 So. 2d 550, 1993 Fla. App. LEXIS 7368, 1993 WL 265300 (Fla. Ct. App. 1993).

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Opinion

PER CURIAM.

The appellee secured judgment in the circuit court of Duval County against a corporation which is not a party to this appeal. Thereafter, the appellee instituted proceedings supplementary, pursuant to section 56.29, Florida Statutes (1991), and impleaded the appellant, alleging that there had been a fraudulent transfer of certain property by the judgment debtor to the appellant. The trial court’s order allowing the impleader directed the appellant to appear in Duval County for examination. The appellant challenges that provision of the order which directs it to appear for examination in Duval County.

Because its Florida residence is in Leon County, the appellant's examination must be conducted in Leon County. See § 56.-29(2), Fla.Stat. (1991); Coloso Boat Corp. v. Souza, 492 So.2d 1100 (4th DCA 1986). The provision of the appealed order which directs the appellant’s examination in Du-val County is therefore reversed, and this cause is remanded. Upon remand, the trial court should order examination of the appellant by a special master in Leon County.

REVERSED AND REMANDED.

SMITH, ALLEN and MICKLE, JJ., concur.

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PER CURIAM.

The appellee secured judgment in the circuit court of Duval County against a corporation which is not a party to this appeal. Thereafter, the appellee instituted proceedings supplementary, pursuant to section 56.29, Florida Statutes (1991), and impleaded the appellant, alleging that there had been a fraudulent transfer of certain property by the judgment debtor to the appellant. The trial court’s order allowing the impleader directed the appellant to appear in Duval County for examination. The appellant challenges that provision of the order which directs it to appear for examination in Duval County.

Because its Florida residence is in Leon County, the appellant's examination must be conducted in Leon County. See § 56.-29(2), Fla.Stat. (1991); Coloso Boat Corp. v. Souza, 492 So.2d 1100 (4th DCA 1986). The provision of the appealed order which directs the appellant’s examination in Du-val County is therefore reversed, and this cause is remanded. Upon remand, the trial court should order examination of the appellant by a special master in Leon County.

REVERSED AND REMANDED.

SMITH, ALLEN and MICKLE, JJ., concur.

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621 So. 2d 550, 1993 Fla. App. LEXIS 7368, 1993 WL 265300, Counsel Stack Legal Research, https://law.counselstack.com/opinion/feliz-industries-inc-v-holmes-lumber-co-fladistctapp-1993.

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