Xavier J. Fernandez, P.A. v. Sun Bank of Tampa Bay
Xavier J. Fernandez, P.A. v. Sun Bank of Tampa Bay
Opinion of the Court
This is an interlocutory appeal from a non-final order granting a motion for a temporary injunction. Sun Bank of Tampa Bay sought the injunction in connection with proceedings supplementary to enforce a judgment against Peter G. Fernandez, Eva C. Fernandez, and Practice Management Associates, Inc. The judgment amount was $1,846,869.64, of which approximately $1,100,000, remains unsatisfied. The appeal is brought by Xavier J. Fernandez, P.A., who is not a party to the judgment nor to the proceedings supplementary wherein other parties and entities were impleaded. The appellant challenges the injunction which prohibits the transfer of assets allegedly belonging to the judgment debtors. He raises several issues. We reach only the first issue and reverse.
Although the trial court’s written order enjoins the appellant, the following transpired at the hearing:
MR. ROSS: Excuse me, Your Honor. Are you enjoining non-parties?
THE COURT: No. I’m enjoining the people who have been impled in this action from taking any further assets from anybody in here that is accused of being a transferor in this fraudulent transfer.
The appellant was not among the people impleaded into the proceedings supplementary-
Reversal is required where the final judgment is inconsistent with the trial court’s oral pronouncements. Ulano v. Anderson, 626 So.2d 1112 (Fla. 3d DCA 1993) (citing, inter alia, Mahaffey v. Mahaffey, 614 So.2d 649 (Fla. 2d DCA 1993)). We therefore reverse the injunction as to the appellant and remand for further proceedings. In light of this decision, the remaining issues become moot, and we do not address them.
Reversed and remanded.
Reference
- Full Case Name
- XAVIER J. FERNANDEZ, P.A. v. SUN BANK OF TAMPA BAY, a Florida Banking Corporation
- Cited By
- 2 cases
- Status
- Published