Changes to supplementary procedures can be slight or dramatic. For Florida Statute 56.29, the redraft of the supplementary procedures fell in the latter camp. In this video presentation recorded by Jimerson Birr Partner D. Brad Hughes, there is an in-depth discussion about the history of this statute. Next, Brad explains some of the issues the came up during interpretation of the previous draft. Then, he describes what changes were implemented into the 2016 draft, followed a summary of motivating case law. Finally, he shares his thoughts on currently unsettled issues in proceedings.
The presentation can be accessed by visiting YouTube or clicking play on the embedded image below. The length of the presentation is 58:09. In addition to the detailed content provided in the presentation video, he points out some ongoing questions for consideration.
History Of Florida Statute 56.29
Brad covers the background on the statute including key events related to the law in:
- 1919 (enacted)
Two major cases are notated (Dracon Construction, Inc. v Facility Construction Mgmt., and Sanchez v. Renda Broadcasting Corp.) along with other important pre-redraft cases that resulted in the Proceedings Supplementary being completely redrafted in an effort to add some procedural clarity.
Discussion Of Why Subsections 2 And 3 Have Caused Challenges In The Past
- Definition of what is a proceedings supplementary
- Discussion on whether a third party needs to be involved
- Distinguishing between deposition and examination necessity, and why it is important for application of this statute
Redraft Of Florida Statute 56.29
Brad shares his thoughts on the redraft’s inclusion of:
- Substantial changes to procedure in Subsection 1;
- The requirement for specifically defining the property, debt or other obligation involved in Subsection 2; and
- Further discussion on constitutionality of certain aspects of the proceeding.
Case Law Review In Regards To This Proceedings Supplementary
Brad quickly reviews the impact of several cases on this redraft of the proceedings supplementary.
Key Issues To Consider
- Are Proceedings Supplementary Procedural or Substantive?
- Are claims brought time-barred?
- Do you need to implead a non-party?
- Can an account receivable simply be assigned?
It’s better to go to the source, rather than trying to chase your claim around. Make sure everything in the claim is proper, and handled according to the required procedure. Finally, understand the proceedings thoroughly so you haven’t missed a step.