Summary Judgement and Fraudulent Transfer cases in Florida
When do you prevail on a summary judgement motion on a fraudulent transfer case?
Summary judgement and fraudulent transfer cases in Florida. When do you prevail on a summary judgement motion in a fraudulent transfer case. Hello, my name is John Pankauski, I’m a litigator with Pankauski Hauser in downtown West Palm Beach, Florida. Our firm is composed of appellate and litigation attorneys who handle matters throughout the state of Florida. If you are involved in a fraudulent transfer case, if you are involved a summary judgement case there is a very recent ruling from Jan 31st 2018 from the Miami Appellate Court, the 3rd District Court of Appeal that deals with those 2 issues. Fraudulent Transfer and Summary Judgement and why summary judgement is not appropriate in most fraudulent transfer cases. We know that anyway right, appellate opinions in Florida for years have said that summary judgement motion is really not appropriate and when there are issues of fraud because they are so fact intensive that the judge should really hear all the evidence, all the documents, all the witnesses and that you shouldn’t be winning a summary judgement motion, in essence a trial, by affidavits and depositions. So if you are involved in a fraudulent transfer case, if you are involved a motion for summary judgement , consider reading the Gorrin case vs. Poker Run acquisitions. 3rd District Court of Appeal issued Jan 31st 2018, you can read it online for free by going to the 3rd District Court of Appeals website and clicking on opinions and then scrolling down to the date.