Ada Turkish Trask 2005 Trust Number One v. Turkish
A judgment creditor filed a supplemental complaint in proceedings supplementary alleging that the judgment debtor fraudulently transferred $250,000 to his wife. The trial court dismissed the claim as time barred under section 726.110, Florida Statutes. The Third District reversed because the complaint contained no allegation of when the transfer occurred, so the time bar was not apparent from the four corners of the pleading, and it also rejected the argument that the one-year discovery clause operates as a ceiling rather than an extension.
Key facts
- Judgment creditor filed a supplemental complaint in proceedings supplementary alleging that the judgment debtor fraudulently transferred $250,000 to his wife.
- Trial court dismissed the fraudulent transfer claim as time-barred under Florida Statutes section 726.110.
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Why it matters
The opinion clarifies that the one-year discovery provision in Florida's Uniform Fraudulent Transfer Act extinguishment statute functions only to extend, never to shorten, the four-year period — a point defendants… — full analysis with a trial
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