Dixie Van Aernam - Page 11




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          necessary to satisfy his claim or (2) recover judgment against              
          the transferee for the lesser of the value of the asset                     
          transferred or the amount of his claim.  See. Fla. Stat. secs.              
          726.108(1)(a) and 726.109(2), respectively.                                 
          III.  Arguments of the Parties                                              
                A. Respondent’s Argument                                              
                Respondent proposes that we find:  “As to third party                 
          creditors of Steven W. Van Aernam, he owned a fee simple interest           
          in the Pelican Avenue property as of July 25, 1995.  [He] * * *             
          transferred his fee simple in the Pelican Avenue Property to                
          petitioner * * * on July 25, 1995.”  Respondent argues that such            
          transfer of the Pelican Avenue property by Steven to petitioner             
          was fraudulent with respect to respondent under either Fla. Stat.           
          sec. 726.105(1) or sec. 726.106(1).  As a result, respondent asks           
          that, in effect, we grant respondent a judgment in the amount of            
          $14,990, the value of the property (which value is less than the            
          amount of respondent’s claim), plus interest.                               
                B. Petitioner’s Argument                                              
                Petitioner responds that, in fact, Steven never owned an              
          interest in the Pelican Avenue property.  She proposes that we              
          find that, initially, she, not Steven, acquired the Pelican                 
          Avenue property from the seller (Sandra L. Archer).  She claims             
          that the first warranty deed (from Ms. Archer to Steven) was in             
          error, and the second quitclaim deed (from Steven to her) was               






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