Gyptec, S.A. (n.k.a. Violet Investment Corp. S.A. en Liquidación) v. Hakim-Daccach
The Third DCA affirmed a mandatory temporary injunction ordering foreign defendants to return $19.5 million they had transferred offshore from a Miami escrow account, and prohibiting further transfers, pending adjudication of the plaintiff's claimed one-third ownership interest in a Colombian company. The trial court entered the order solely on in rem jurisdiction over the escrowed res while personal jurisdiction and forum non conveniens motions remained pending below.
Key facts
- Gyptec, a company claiming a one-third ownership interest in a Colombian company, sought to recover $19.5 million that defendants transferred offshore from a Miami escrow account during litigation.
- The trial court issued a mandatory temporary injunction ordering the foreign defendants to return the $19.5 million to the escrow account and prohibiting further transfers, pending resolution of Gyptec's ownership claims.
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Why it matters
Useful authority for asset-preservation practice in cross-border commercial disputes: it confirms Florida courts can order the affirmative return of dissipated, specifically identifiable escrow funds — not merely freeze… — full analysis with a trial
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