Jaquith v. Spath
Jaquith v. Spath
Opinion of the Court
This dispute erupted between investors in a bail bond business, each suing the other for damages and control of two corporate entities.
While the Bankruptcy case was pending and before the entry of the order approving the Trustee’s sale, the Florida Department of Insurance initiated license disciplinary proceedings against Jaquith. She alleges that these administrative proceedings were instigated by Spath out of animosity towards her.
Later, after the Bankruptcy sale, Ja-quith amended her counterclaims in the previously stayed civil case to causes of action outside of the scope of the property sold to Spath. In turn Spath moved for summary judgment on all of Jaquith’s revised claims.
We are unable to find prejudicial error. The judgment is founded on a conclusion that all of Jaquith’s amended claims actually relate to pre-Bankruptcy petition conduct. The Bankruptcy sale transferred all claims based on pre-petition conduct to Spath, so no causes of action based on such conduct survived the Bankruptcy sale and discharge. We also agree with the trial court’s implicit conclusion that Jaquith’s procedural arguments are either unsustainable or are immaterial and thus harmless.
Affirmed.
. They are A-All Night Bail Bond, Inc., and A AAchen Express Bail Out, Inc.
. She alleged breach of a shareholder agreement, tortious interference re her shareholder
Case-law data current through December 31, 2025. Source: CourtListener bulk data.