MOFFATT & NICHOL v. B.E.A. INTERN. CORP.

No. 3D08-2089.

48 So.3d 896 (2010)

MOFFATT & NICHOL, INC., etc., Appellant, v. B.E.A. INTERNATIONAL CORP., INC., etc., Appellee.

District Court of Appeal of Florida, Third District.

Rehearing and Rehearing En Banc Denied December 16, 2010.


Attorney(s) appearing for the Case

Bush Ross and A. Christopher Kasten, II , Tampa, for appellant.

Fowler White Burnett , Ronald G. Neiwirth and Helaine S. Goodner , Miami, for appellee.

Before WELLS and SHEPHERD, JJ., and SCHWARTZ, Senior Judge.


SHEPHERD, J.

This is an appeal of a non-final order denying a judgment creditor's Amended Motion for Proceedings Supplementary and Motion for Issuance of Writ of Execution, pursuant to Florida Rule of Appellate Procedure 9.130(a)(4). We have jurisdiction. The question presented is whether one particular creditor has standing to pursue derivative claims, alleging loss or damage to a person or entity, against a debtor company, which has made a statutory assignment for...

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