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State Law
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Florida Statute Of Frauds, Fraudulent Transfers, And General Assignments Code Section 727.110 - General Assignments - Actions by assignee and other parties in interest.Legal Research Home > Florida Lawyer > Statute Of Frauds Fraudulent Transfers And-general-assignments > Florida Statute Of Frauds, Fraudulent Transfers, And General Assignments Code Section 727.110 - General Assignments - Actions by assignee and other parties in interest. Title XLI STATUTE OF FRAUDS, FRAUDULENT TRANSFERS, AND GENERAL ASSIGNMENTSChapter 727 GENERAL ASSIGNMENTS727.110 Actions by assignee and other parties in interest.-- (1) All matters requiring court authorization under this chapter shall be brought by motion, except for the following matters, which shall be brought by supplemental proceeding, as provided in subsection (2): (a) An action by the assignee to recover money or other assets of the estate; (b) An action by the assignee to determine the validity, priority, or extent of a lien or other interest in property or to subordinate or avoid an unperfected security interest under s. 727.109(6)(b); and (c) An action by the assignee to avoid any conveyance or transfer void or voidable by law under s. 727.109(6)(c). (2) A supplemental proceeding is an action of the type designated in paragraphs (1)(a), (b), and (c) and shall be brought as follows: (a) The Florida Rules of Civil Procedure shall apply to supplemental proceedings, except where inconsistent with the provisions of this chapter. (b) The clerk of the court shall docket a supplemental proceeding under both the same case number assigned to the original petition filed by the assignee pursuant to s. 727.104 and a separate supplemental proceeding number, and shall assign such supplemental proceeding to the same division and judge assigned to the main case. (c) All pleadings and other papers filed in a supplemental proceeding shall contain a separate subcaption and the supplemental proceeding number in addition to the caption and case number applicable to the main case. History.--s. 10, ch. 87-174. Florida Lawyers
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Last modified: November 21, 2006 |