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BANK OF MONTREAL v. MALINSKI

No. 85-273.

498 So.2d 440 (1986)

The BANK OF MONTREAL, Appellant, v. Norman MALINSKI, Trustee, Emerick Kertesz and Veronica Kertesz, Appellees.

District Court of Appeal of Florida, Third District.

July 8, 1986.

Attorney(s) appearing for the Case

Gilbride, Heller & Brown and Scott A. Silver, Miami, for appellant.

Hertzberg & Malinski and Norman Malinski, Miami, for appellees.

Before SCHWARTZ, C.J., and HUBBART and DANIEL S. PEARSON, JJ.

PER CURIAM.

The final summary judgment under review is affirmed as to counts III-VI of the amended complaint, and reversed and remanded for further proceedings as to count II of the amended complaint. We reach this result based on the following briefly stated legal analysis.

First, it is settled that an action by a creditor to set aside a fraudulent conveyance by his debtor lies under Section 726.01, Florida Statutes (1985), where, inter alia, the said...

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