Tapia v. Sosa

District Court of Appeal of Florida

Tapia v. Sosa

614 So. 2d 28, 1993 Fla. App. LEXIS 2043, 1993 WL 40388

CourtDistrict Court of Appeal of Florida

DecidedFebruary 19, 1993

DocketNo. 91-02437

StatusPublished

This text of 614 So. 2d 28 (Tapia v. Sosa) 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

Tapia v. Sosa, 614 So. 2d 28, 1993 Fla. App. LEXIS 2043, 1993 WL 40388 (Fla. Ct. App. 1993).

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Opinion

PER CURIAM.

The appellants challenge a final judgment entered after a nonjury trial determining that a transfer of an interest in real property from the appellant Raymond Ta-pia, Jr. to the appellants Angelina Tapia, his mother, and Dora Chacon, his sister, was a fraudulent transfer, and that a $250,-000 judgment obtained by the appellees against the appellant Raymond Tapia, Jr. [29]*29constituted a lien upon this property. We affirm in all respects save one.

As the appellees concede, the appellant Raymond C. Tapia, Jr. owned only an undivided one-third interest in this property and the appellees’ judgment can constitute a lien only upon that undivided one-third interest. Accordingly, we reverse and remand for the entry of an amended final judgment providing that the $250,000 judgment in favor of the appellees shall constitute a lien upon the appellant Raymond Tapia, Jr.’s undivided one-third interest in the described real property.

Reversed with directions.

DANAHY, A.C.J., and CAMPBELL and PATTERSON, JJ., concur.

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PER CURIAM.

The appellants challenge a final judgment entered after a nonjury trial determining that a transfer of an interest in real property from the appellant Raymond Ta-pia, Jr. to the appellants Angelina Tapia, his mother, and Dora Chacon, his sister, was a fraudulent transfer, and that a $250,-000 judgment obtained by the appellees against the appellant Raymond Tapia, Jr. [29]*29constituted a lien upon this property. We affirm in all respects save one.

As the appellees concede, the appellant Raymond C. Tapia, Jr. owned only an undivided one-third interest in this property and the appellees’ judgment can constitute a lien only upon that undivided one-third interest. Accordingly, we reverse and remand for the entry of an amended final judgment providing that the $250,000 judgment in favor of the appellees shall constitute a lien upon the appellant Raymond Tapia, Jr.’s undivided one-third interest in the described real property.

Reversed with directions.

DANAHY, A.C.J., and CAMPBELL and PATTERSON, JJ., concur.

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Bluebook (online)

614 So. 2d 28, 1993 Fla. App. LEXIS 2043, 1993 WL 40388, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tapia-v-sosa-fladistctapp-1993.