Storey Mountain, LLC v. Lakes Kingdom II LLC
A judgment creditor sought supplementary proceedings under section 56.29 and asked the trial court to issue a notice to appear to the judgment debtor's wife, claiming she never funded a $2.5 million loan secured by a mortgage on their jointly owned condominium. The Third District affirmed the denial, holding that the 'shall' in section 56.29 does not compel issuance of a notice to appear where the creditor fails to satisfy the statute's other requirements, and that a debt owed TO a third party (the wife) is not property of the judgment debtor subject to supplementary proceedings.
Key facts
- Judgment creditor Storey Mountain sought supplementary proceedings against Lakes Kingdom II and sought a notice to appear for the judgment debtor's wife, claiming she never funded a $2.5 million loan secured by a mortgage on their jointly owned condominium.
- The trial court denied the creditor's request for a notice to appear in supplementary proceedings.
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Why it matters
Proceedings supplementary under section 56.29 are a staple of judgment collection, and this opinion gives defense counsel a clean, citable rule: the statute's 'shall' is not a rubber stamp, and courts may refuse a… — full analysis with a trial
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