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Longo v. Associated Limousine Services, Inc.

Florida Court of Appeals, Fourth District

January 24, 2018

FREDERICK LONGO, Appellant,
v.
ASSOCIATED LIMOUSINE SERVICES, INC. and LIMOUSINEMANAGEMENT, INC., Appellees.

         Not final until disposition of timely filed motion for rehearing.

         Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; John J. Murphy, III, Judge; L.T. Case No. CACE10-045646 (09).

          Mark W. Rickard of Law Guard, Plantation, for appellant.

          Edward J. Jennings and Jenna L. Wulf of Edward J. Jennings, P.A., Fort Lauderdale, for appellees.

          Taylor, J.

         The judgment creditor, Frederick Longo, appeals a final order denying his Motion for Proceedings Supplementary to Execution and to Implead. We affirm in part and reverse in part. We find that the trial court erred in denying the judgment creditor's request for proceedings supplementary, but that the trial court properly refused to issue Notices to Appear to the proposed impleader defendants where the judgment creditor's motion and affidavit did not satisfy the description requirement of section 56.29(2), Florida Statutes (2016). However, our affirmance on the impleader issue is without prejudice to the judgment creditor submitting a supplemental affidavit in compliance with section 56.29(2).

         Facts

         In 2011, the judgment creditor obtained a final judgment against the judgment debtor, Associated Limousine Services, Inc., in the amount of $623, 370.05.

          On June 29, 2016, the judgment creditor filed a Motion for Proceedings Supplementary to Execution and to Implead, alleging that the final judgment remained unsatisfied and that the judgment debtor was administratively dissolved in 2012. Attached to the motion was an Affidavit of Unsatisfied Final Judgment.

         In the motion, the judgment creditor named the judgment debtor as a respondent, moved the court to grant proceedings supplementary, and requested an order directing Robert Boroday, as the sole officer of the judgment debtor, to appear before the court for an examination of the judgment debtor's assets and finances.

         The judgment creditor also sought to implead Robert Boroday, three other members of the Boroday family, and eight business entities connected to the Boroday family. The parties that the judgment creditor sought to implead will be collectively referred to as the "impleader defendants."

         The judgment creditor essentially alleged that the impleader defendants were operating a business that was a continuation of the judgment debtor's business. The judgment creditor further alleged that the eight business entities named as impleader defendants were "alter egos of the Judgment Debtor and the Boroday family business." Among other things, the judgment creditor claimed that the impleader defendants:

• Conspired to organize and operate alternate business entities that would acquire the accounts and clients of the judgment debtor, while avoiding creditors;
• Comingled assets with each other and the judgment debtor;
• Acted and operated as a single business entity;
• Used fictitious names that were similar to and substantially the same as the judgment debtor; and
• Profited from the judgment debtor's business, procured the judgment debtor's clients for their own benefit, and attempted to conceal the transactions to prevent existing ...

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