eLaws of Florida

  SECTION 727.110. Actions by assignee and other parties in interest.  


Latest version.
  • 1(1) 2All matters requiring court authorization under this chapter shall be brought by motion, except for the following matters, which shall be brought by supplemental proceeding, as provided in subsection (2):
    32(a) 33An action by the assignee to recover money or other assets of the estate;
    47(b) 48An action by the assignee to determine the validity, priority, or extent of a lien or other interest in property or to subordinate or avoid an unperfected security interest under s. 79727.109(8)(b); 80and
    81(c) 82An action by the assignee to avoid any conveyance or transfer void or voidable by law under s. 100727.109(8)(c)101.
    102(2) 103A supplemental proceeding is an action of the type designated in paragraphs (1)(a), (b), and (c) and shall be brought as follows:
    125(a) 126The Florida Rules of Civil Procedure shall apply to supplemental proceedings, except where inconsistent with the provisions of this chapter.
    146(b) 147The clerk of the court shall docket a supplemental proceeding under both the same case number assigned to the original petition filed by the assignee pursuant to s. 175727.104 176and a separate supplemental proceeding number, and shall assign such supplemental proceeding to the same division and judge assigned to the main case.
    199(c) 200All pleadings and other papers filed in a supplemental proceeding shall contain a separate subcaption and the supplemental proceeding number in addition to the caption and case number applicable to the main case.
    233(3) 234As to an assignee’s rejection of an unexpired lease of nonresidential real property or of personal property, as provided under ss. 255727.108(5) 256and 257727.109(6)258:
    259(a) 260The assignee shall file a notice of rejection with the court and serve a copy on the owner or lessor of the affected property and, for personal property, on the landlord of the premises on which the property is located. A notice of rejection relating to personal property must identify the affected property, the address at which the affected property is located, the name and telephone number of the person in possession of the affected property, and the deadline for removal of the affected property.
    345(b) 346The effective date of the rejection is the date of entry of a court order authorizing such rejection.
    364(c) 365If the lessor of the affected property fails to take possession thereof after notice of the rejection, the estate’s rights and obligations to and liability for the property terminate upon the effective date of the rejection.
History.-s. 10, ch. 87-174; s. 8, ch. 2007-185; s. 5, ch. 2013-244.

Bills Cite this Section:

None

Cited by Court Cases:

None