Martinez v. Weinstein
The Fourth DCA reversed the dismissals, holding that the August 2024 supplemental complaints asserting Chapter 726 fraudulent-transfer claims related back to the June 2021 motion to commence proceedings supplementary for statute-of-limitations purposes. Because a proceeding supplementary is a special statutory proceeding under Rule 1.010 commenced by motion and affidavit, the motion to commence functions as the equivalent of a pleading to which the later supplemental complaints relate back under Rule 1.190(c).
Key facts
- Judgment creditors holding unsatisfied judgments against A Class Limos and Edward Boginsky filed a June 2021 motion to commence proceedings supplementary and for impleader against several alleged transferees, including JPMorgan Chase, Weinstein, and the Price for Limo parties.
- After an impleader order and a court-ordered Statement of Particulars identifying allegedly fraudulent mortgage payments and vehicle transfers, the creditors filed supplemental complaints in August 2024 asserting fraudulent-transfer claims under Chapter 726.
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Holdings
- In a proceeding supplementary under section 56.29—a special statutory proceeding governed by Rule 1.010—the motion to commence proceedings supplementary is tantamount to a complaint and…
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Why it matters
This decision provides important guidance for judgment creditors pursuing fraudulent-transfer claims in proceedings supplementary, holding that the limitations clock is measured from the motion to commence rather than… — full analysis with a trial
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