Dixie Van Aernam - Page 13




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                    2.  Respondent’s Burden                                           
                To establish a fraudulent transfer, respondent must prove             
          that there was a transfer of property from Steven to petitioner             
          and, with respect to respondent, that transfer was fraudulent,              
          all within the meaning of Fla. Stat. sec. 726.105(1) or sec.                
          726.106(1).                                                                 
                B. Evidence                                                           
                Besides the pleadings, the record in this case consists               
          principally of the stipulation of facts and a transcript of the             
          testimonies of petitioner and a witness called by respondent to             
          introduce records of assessments and payments pertaining to                 
          Steven’s taxable years 1988 through 1990.  We have set forth                
          relevant portions of the stipulation of facts under the heading             
          “Background”.  In presenting his case in chief, respondent called           
          only petitioner.  He asked her whether she could explain the                
          notice of lis pendens filed by Volusia County.  Petitioner could            
          not, and respondent asked her no further questions.  He then                
          rested his case.  Petitioner called no witnesses, but she                   
          testified on her own behalf.  In pertinent part, she testified as           
          follows:  Since 1989, she has lived by herself, with her two                
          children.  At the time of the acquisition of the Pelican Avenue             
          property, she and Steven “were going through a horrible divorce”.           
          She paid Thomas Archer the funds deposited in escrow pursuant to            
          the sale contract.  Those funds were derived from $2,000 received           






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