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Sackett v. Shahid

District Court of Appeal of Florida, First District
Feb 6, 2002
805 So. 2d 1110 (Fla. Dist. Ct. App. 2002)

Opinion

Case No. 1D01-1328

Opinion filed February 6, 2002.

An appeal from the Circuit Court for Okaloosa County. Judge Jack R. Heflin.

Gene D. Brown, Tallahassee, and John T. Brown, Fort Walton Beach, for appellants.

Steven B. Bauman of Smith, Grimsley, Bauman, Pinkerton, Petermann, Shaw Grinsted, Fort Walton Beach, for appellees.


Appellants argue on appeal that the trial court erroneously dismissed with prejudice their amended proceeding supplementary complaint on grounds that it had sought to raise claims beyond the scope of this court's remand in Sackett v. Shahid, 768 So.2d 452 (Fla. 1st DCA 2000). We agree.

Appellees conceded at oral argument that, although presented by appellants in their original proceeding supplementary complaint, the issues set forth in the amended complaint were never reached by the trial court in the original proceedings. The issues set forth in the amended complaint concern an overall fraudulent transfer of assets in violation of Chapter 726 of the Florida Statutes, by Ernest W. Shahid in liquidating substantially all of the corporate cash and assets of Shoreline Realty of Destin, Inc. prior to the sale of the corporation to FBS Acquisitions, Inc.

Contrary to the position taken by the trial court, we conclude that the scope of this court's remand in Sackett was not confined solely to the issue of whether the 1995 sale of Shoreline Realty to FBS Acquisitions constituted a fraudulent transfer under section 726.105(1)(b), Florida Statutes (1995). We, therefore, reverse the final judgment dismissing with prejudice appellants' amended proceeding supplementary complaint and direct the trial court on remand to consider the issues raised in the amended complaint.

WOLF, WEBSTER and BROWNING, JJ., concur.


Summaries of

Sackett v. Shahid

District Court of Appeal of Florida, First District
Feb 6, 2002
805 So. 2d 1110 (Fla. Dist. Ct. App. 2002)
Case details for

Sackett v. Shahid

Case Details

Full title:JAMES E. SACKETT and FREDERICK JAMES SACKETT, as foreign personal…

Court:District Court of Appeal of Florida, First District

Date published: Feb 6, 2002

Citations

805 So. 2d 1110 (Fla. Dist. Ct. App. 2002)