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The Florida Senate

2005 Florida Statutes

Section 727.110, Florida Statutes 2005

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

(1)  All 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):

(a)  An action by the assignee to recover money or other assets of the estate;

(b)  An 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. 727.109(6)(b); and

(c)  An action by the assignee to avoid any conveyance or transfer void or voidable by law under s. 727.109(6)(c).

(2)  A supplemental proceeding is an action of the type designated in paragraphs (1)(a), (b), and (c) and shall be brought as follows:

(a)  The Florida Rules of Civil Procedure shall apply to supplemental proceedings, except where inconsistent with the provisions of this chapter.

(b)  The 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. 727.104 and a separate supplemental proceeding number, and shall assign such supplemental proceeding to the same division and judge assigned to the main case.

(c)  All 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.

History.--s. 10, ch. 87-174.