final until disposition of timely filed motion for rehearing.
from the Circuit Court for the Seventeenth Judicial Circuit,
Broward County; John J. Murphy, III, Judge; L.T. Case No.
W. Rickard of Law Guard, Plantation, for appellant.
J. Jennings and Jenna L. Wulf of Edward J. Jennings, P.A.,
Fort Lauderdale, for appellees.
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
2011, the judgment creditor obtained a final judgment against
the judgment debtor, Associated Limousine Services, Inc., in
the amount of $623, 370.05.
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
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.
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."
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
• 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
• 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