AETNA CAS. AND SUR. CO. v. POLLOCK

Nos. 83-1058, 83-1916.

449 So.2d 1289 (1984)

AETNA CASUALTY AND SURETY COMPANY and Emil Morton, Appellants, v. Benjamin POLLOCK, Appellee. Benjamin POLLOCK, Appellant, v. FLAGSHIP FIRST NATIONAL BANK OF MIAMI BEACH, as Trustee, Appellee.

District Court of Appeal of Florida, Third District.

As Corrected on Denial of Rehearing May 29, 1984.


Attorney(s) appearing for the Case

Ress, Gomez, Rosenberg & Howland, North Miami, Dubbin, Berkman, Dubbin & Greenfield, Evan J. Langbein and Steven Edelstein, Miami, for Aetna Cas. and Sur. Co. and Emil Morton.

Sidney L. Syna, Miami, and George Schwartz, Miami Beach, for Benjamin Pollock.

Therrel, Baisden, Stanton, Wood & Setlin and Allen R. Roman, Miami Beach, for Flagship First Nat. Bank of Miami Beach.

Before BARKDULL, HUBBART and NESBITT, JJ.


PER CURIAM.

Pollock obtained a money judgment against T & M Investments, Inc. (T & M). In order to satisfy a writ of execution, he then instituted an action against T & M and Morton (as an officer of T & M and beneficiary of a trust holding the property sought to be executed upon) seeking to set aside a fraudulent conveyance from T & M to Flagship First National Bank of Miami Beach (Bank). Pollock prevailed and an order was entered requiring the...

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