Horacio Pablo Martinez and Maria Mercedes Merino v. JP Morgan Chase Bank, N.A. (consolidated with Price for Limo, LLC and Lyudmila Weinstein)
The Fourth District reversed the dismissals, holding that the supplemental complaints related back to the June 2021 motion to commence proceedings supplementary, which functioned as a pleading. As a result, the Chapter 726 fraudulent-transfer claims were not barred in their entirety by section 726.110's limitations period, and the action is to be treated as commenced on June 17, 2021.
Key facts
- Appellants held unsatisfied money judgments against judgment debtors A Class Limos, LLC and Edward Boginsky.
- In June 2021 they moved to commence proceedings supplementary and implead Chase, Weinstein, and the Price for Limo parties, alleging fraudulent transfers of corporate assets and vehicles.
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Holdings
- A motion to commence proceedings supplementary operates as a pleading for relation-back purposes because it is a formal document setting forth the claims and allegations supporting the…
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Why it matters
Important guidance for judgment-creditor and collection practitioners: in proceedings supplementary—a special statutory proceeding commenced by motion—the relation-back doctrine applies and the motion to commence… — full analysis with a trial
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