Oliver v. Kolody

District Court of Appeal of Florida

Oliver v. Kolody

610 So. 2d 72, 1992 Fla. App. LEXIS 12405, 1992 WL 362112

CourtDistrict Court of Appeal of Florida

DecidedDecember 9, 1992

DocketNo. 91-00699

StatusPublished

Cited by1 cases

This text of 610 So. 2d 72 (Oliver v. Kolody) 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.

Bluebook

Oliver v. Kolody, 610 So. 2d 72, 1992 Fla. App. LEXIS 12405, 1992 WL 362112 (Fla. Ct. App. 1992).

Pincite

Opinion

BLUE, Judge.

Nate M. Oliver (Oliver) appeals an order from a proceeding supplementary. The order appealed resulted in the transfer of all Oliver’s stock in Sunrise Investment Group, Inc. (Sunrise) to Stephen G. Kolody his former attorney. Oliver contends the trial court erred in refusing his request for a continuance of the hearing on the proceeding supplementary. We agree and reverse.

The proceeding supplementary hearing was held on January 7,1991. The notice of hearing had been mailed to Oliver on December 27, 1990. Oliver was unrepresented on both dates. Sunrise had filed a Chapter 11 bankruptcy which Oliver believed stayed these proceedings. Based upon the unique circumstances of this case,¹ we hold the trial court abused its discretion in failing to grant a continuance.

Upon remand the trial court shall allow both parties to present additional evidence of the value of the Sunrise stock. The stock valuation date shall be January 7, 1991, the date of the prior hearing. Oliver’s other claims of error are without merit or are rendered moot by our ruling permitting the presentation of additional evidence.

Reversed and remanded.

HALL, A.C.J., and THREADGILL, J., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

BLUE, Judge.

Nate M. Oliver (Oliver) appeals an order from a proceeding supplementary. The order appealed resulted in the transfer of all Oliver’s stock in Sunrise Investment Group, Inc. (Sunrise) to Stephen G. Kolody his former attorney. Oliver contends the trial court erred in refusing his request for a continuance of the hearing on the proceeding supplementary. We agree and reverse.

The proceeding supplementary hearing was held on January 7,1991. The notice of hearing had been mailed to Oliver on December 27, 1990. Oliver was unrepresented on both dates. Sunrise had filed a Chapter 11 bankruptcy which Oliver believed stayed these proceedings. Based upon the unique circumstances of this case,¹ we hold the trial court abused its discretion in failing to grant a continuance.

Upon remand the trial court shall allow both parties to present additional evidence of the value of the Sunrise stock. The stock valuation date shall be January 7, 1991, the date of the prior hearing. Oliver’s other claims of error are without merit or are rendered moot by our ruling permitting the presentation of additional evidence.

Reversed and remanded.

HALL, A.C.J., and THREADGILL, J., concur.

Cite This Page — Counsel Stack

Bluebook (online)

610 So. 2d 72, 1992 Fla. App. LEXIS 12405, 1992 WL 362112, Counsel Stack Legal Research, https://law.counselstack.com/opinion/oliver-v-kolody-fladistctapp-1992.

Opinion

Related

Cite This Page — Counsel Stack