Preview
“*** FILED: BROWARD COUNTY, FL Brenda D. Forman, CLERK 9/26/2019 4:30:00 PM.****
Lubell & Rosen, LLC v Farid Dallal
Broward County Circuit Court Case No. CA CE 15-22033 (25)
Order of Impleader of Hadi Saheli as Impleader (Third Party) Defendant in Aid of Execution
Page | of 3
IN. THE CIRCUIT COURT FOR THE
SEVENTEENTH JUDICIAL CIRCUIT OF
FLORIDA, IN AND FOR BROWARD COUNTY,
FLORIDA
GENERAL JURISDICTION DIVISION
CASE NO. CA CE 15-22033 (25)
LUBELL & ROSEN, LLC, a Florida limited liability :
company, 7
Plaintiff,
v.
FARID DALLAL, an individual,
Defendant(s). 7
ORDER OF IMPLEADER OF HADI SAHELI AS IMPLEADER (THIRD PARTY) DEFENDANT IN AID
OF EXECUTION
THIS CAUSE came on to be heard before the Court upon the Plaintiff/Judgment Creditor’s Ex-Parte Petition
for Order of Impleader of Hadi Saheli, an individual, as Impleader (Third Party) Defendants in Aid of Execution
and the Court, having considered the factual and legal foundations contained in the Petition, having reviewed the
case file, having considered the evidence proffered, and being otherwise duly advised in the premises, it is
thereupon:
ORDERED AND ADJUDGED, as follows:
1, In seeking to implead third parties that may hold assets or funds potentially conveyed or diverted from the
Defendant/Judgment Debtor, in derogation to the rights of the Plaintiff/Judgment Creditor, neither an
examination by the trial court of the judgment debtor nor the filing of a sworn motion by the judgment creditor
is required for impleading a third party defendant in proceedings supplementary. Exceletech, Inc. v. S.W.
Williams, 579 So.2d 850 (Fla. 5th DCA 1991).
2. In proceedings supplementary, the rights of third parties are not adjudicated, consistent with due process, unless
such third parties have been first impled by the trial court and [after being named] as parties thereafter, given an
opportunity to adequately present their defenses. Tomayko v. Thomas, 143 So.2d 227 (Fla. 3d DCA 1962).
3. Orders impleading third parties under Florida Statute § 56.29 determine no substantive rights. Rather, they are
said to determine ‘whether a prima facie case has been made” to initiate the third party proceeding. Sverdahl v.
Farmers and Merchants Sav. Bank, 582 So.2d 738 (Fla. 4th DCA 1991) (quoting Machado v. Foreign Trade,
Inc., 544 So.2d 1061 (Fla. 34 DCA 1989)).
4. Under Florida Statute § 56.29, a judgment creditor may (1) pursue assets held by the debtor; (2) pursue assets
held by another, so long as the property is not exempt from execution; or (3) void any transfer to a spouse or
third party that was made for purposes of delaying, hindering, or defrauding a creditor.
5. Courts have broad powers in proceedings supplementary over personal property transferred to a third party by a
debtor "whether in the name or possession of third parties or not." Schwartz v. Capital City Nat'l Bank, 365 So.
2d 181 (Fla, Ist DCA 1978).
6. Under Florida Statute § 56.29, it is the burden of the defendant to prove that a transfer was not a fraudulent
transfer. The manner in which a defendant may prove that a transfer was not fraudulent is governed by case law#4 FILED: BROWARD COUNTY, FL Brenda D. Forman, CLERK 9/26/2019 4:30:00 PM.****
Lubell & Rosen, LLC v. Farid Dallal
Broward County Circuit Court Case No. CA CE 15-22033 (25)
Order of Impleader of Hadi Saheli as Impleader (Third Party) Defendant in Aid of Execution
Page 2 of 3
10.
11.
and Florida’s Uniform Fraudulent Transfer Act (FUFTA). Morton v. Cord Realty, Inc., 677 So.2d 1322 (Fla.
4th DCA 1996).
The filing of a motion [or a complaint] for Impleader is a sufficient pleading in order to assert a valid claim
against third-party defendants in a supplementary proceeding. Pollizzi v. Paulshock, 52 So.3d 786 (Fla. Sth
DCA 2010) (quoting Zureikat v. Shaibani, 944 So.2d 1019 (Fla. Sth DCA 2006)).
The Plaintiff/Judgment Creditor has sufficiently alleged a prima facie case necessary to initiate third party
proceedings in aid of execution against Hadi Saheli as Impleader (Third Party) Defendant in Aid of Execution
based upon his receipt of the following described property from Defendant/Judgment Debtor Farid Dallal:
© Condominium Unit No.: 1, in Building “E”, of Grand Turning Point Business Center I Condominium, a
Condominium, according to the Declaration of Condominium recorded thereof, in Official Records
Book 24848, at Pages 0255-335, of the Public Records of Miami-Dade County, Florida, together with an
undivided interest in the common elements appurtenant thereto (Street Address: 16647 Southwest 117"
Avenue, Unit 1-E, Miami, Florida 33177 (Folio Number: 30-5030-023-0460))
ACCORDINGLY, IT IS FURTHER ORDERED AND ADJUDGED:
The Court hereby impleads Hadi Saheli as an Impleader (Third Party) Defendant in Aid of Execution.
Hadi Saheli shall respond to the allegations contained in the Plaintiff/Judgment Creditor’s Motion for Order of
Impleader of Third Party Defendant in Aid of Execution and the Impleader Complaint against Hadi Saheli as
Impleader (Third Party) Defendant in Aid of Execution following the Plaintiff/Judgment Creditor’s perfection
of service of process of the above described filings along with the Summons/Notice to Appear which the Court
shall enter in this action in accordance with Florida Statute § 56.29 (2), along with a conformed copy of this
Order, within SEVEN (7) BUSINESS DAYS from the date of the Plaintiff/Judgment Creditor’s service of these
documents.
The Notice to Appear shall direct Hadi Saheli to file an Affidavit, sworn to and under oath as provided in
Florida Statute § 56.16, not less than SEVEN (7) BUSINESS DAYS from the date of service of the Notice to
Appear, stating why the property, debt, or other obligation described in the Notice to Appear with reasonable
particularity should not be applied to satisfy the Final Judgment which the Court entered in this action on April
19, 2016 in favor of Plaintiff/Judgment Creditor and against Defendant/Judgment Debtor Farid Dallal.
. The Notice to Appear must describe with reasonable particularity the property, debt, or other obligation that
may be available to satisfy the judgment, must provide such person with the opportunity to present defenses,
and must indicate that discovery as provided under the rules of civil procedure is available and that there is a
right to a jury trial as provided in Florida Statute § 56.18 and the Plaintiff/Judgment Creditor must serve the
Notice to Appear upon Hadi Saheli as provided for in Chapter 48, Florida Statutes.
. The Court directs Impleader Defendant Hadi Saheli to disclose any and all information concerning or pertaining
to his receipt of the above described parcel of real property located in Miami-Dade County, Florida which
formerly belonged to Dallal while the Final Judgment entered in this action against Farid Dallal remained
outstanding and unsatisfied to the Plaintiff/Judgment Creditor in the form of a written ‘answer’ and to file and
serve such answer upon the Court.
. The Court instructs the Impleader Defendant to file a written answer in response to the allegations raised in the
Plaintiffs/Judgment Creditor’s Impleader Complaint with the Court and serve reposes to the discovery ordersae FILED: BROWARD COUNTY, FL Brenda D. Forman, CLERK 9/26/2019 4:30:00 PM.****
Lubell & Rosen, LLC v, Farid Dalal
Broward County Circuit Court Case No. CA CE 15-22033 (25)
Order of Impleader of Hadi Saheli as Impleader (Third Party) Defendant in Aid of Execution
Page 3 of 3
above, within seven (7) business days from the date that the Plaintiff/Judgment Creditor serves the same upon
the Impleader Defendant and to serve a copy of such answers upon Plaintiff/Judgment Creditor’s Attorney:
Scott Dickinson, Esq., Miami Law Counsel, PLLC, 777 West 41° Street—Suite 401
Miami Beach, Florida 33140
Telephone: (305) 672-7200/Telecopier: (305) 672-0101
Primary/Service E-Mail Address: filings@miamilawcounsel.com
15. Should the Impleader Defendant fail to file and serve a written answer or other written responses in accordance
with this Order, this Court may enter a default and/or a Final Judgment for all relief requested by the
Plaintiff/Judgment Creditor and against the Impleader Defendant upon the application of the Plaintiff/Judgment
Creditor and upon notice and hearing to the Impleader Defendant in accordance with the Florida Rules of Civil
Procedure.
Copies furnished to:
Scott Dickinson, Esq.—Attorney for PlaintiffJudgment Creditor, 777 West 41 Street, Suite 401, Miami Bfach, Florida 33140
[E-Mail Address: filings@miamilawcounsel com and sdickinson@miamilawcounsel.com]
[Attorney Dickinson is directed to serve a copy of this order on interested parties and file a proof of service within 3 days of entry
of the order]
Preview
“*** FILED: BROWARD COUNTY, FL Brenda D. Forman, CLERK 9/26/2019 4:30:00 PM.**** Lubell & Rosen, LLC v Farid Dallal Broward County Circuit Court Case No. CA CE 15-22033 (25) Order of Impleader of Hadi Saheli as Impleader (Third Party) Defendant in Aid of Execution Page | of 3 IN. THE CIRCUIT COURT FOR THE SEVENTEENTH JUDICIAL CIRCUIT OF FLORIDA, IN AND FOR BROWARD COUNTY, FLORIDA GENERAL JURISDICTION DIVISION CASE NO. CA CE 15-22033 (25) LUBELL & ROSEN, LLC, a Florida limited liability : company, 7 Plaintiff, v. FARID DALLAL, an individual, Defendant(s). 7 ORDER OF IMPLEADER OF HADI SAHELI AS IMPLEADER (THIRD PARTY) DEFENDANT IN AID OF EXECUTION THIS CAUSE came on to be heard before the Court upon the Plaintiff/Judgment Creditor’s Ex-Parte Petition for Order of Impleader of Hadi Saheli, an individual, as Impleader (Third Party) Defendants in Aid of Execution and the Court, having considered the factual and legal foundations contained in the Petition, having reviewed the case file, having considered the evidence proffered, and being otherwise duly advised in the premises, it is thereupon: ORDERED AND ADJUDGED, as follows: 1, In seeking to implead third parties that may hold assets or funds potentially conveyed or diverted from the Defendant/Judgment Debtor, in derogation to the rights of the Plaintiff/Judgment Creditor, neither an examination by the trial court of the judgment debtor nor the filing of a sworn motion by the judgment creditor is required for impleading a third party defendant in proceedings supplementary. Exceletech, Inc. v. S.W. Williams, 579 So.2d 850 (Fla. 5th DCA 1991). 2. In proceedings supplementary, the rights of third parties are not adjudicated, consistent with due process, unless such third parties have been first impled by the trial court and [after being named] as parties thereafter, given an opportunity to adequately present their defenses. Tomayko v. Thomas, 143 So.2d 227 (Fla. 3d DCA 1962). 3. Orders impleading third parties under Florida Statute § 56.29 determine no substantive rights. Rather, they are said to determine ‘whether a prima facie case has been made” to initiate the third party proceeding. Sverdahl v. Farmers and Merchants Sav. Bank, 582 So.2d 738 (Fla. 4th DCA 1991) (quoting Machado v. Foreign Trade, Inc., 544 So.2d 1061 (Fla. 34 DCA 1989)). 4. Under Florida Statute § 56.29, a judgment creditor may (1) pursue assets held by the debtor; (2) pursue assets held by another, so long as the property is not exempt from execution; or (3) void any transfer to a spouse or third party that was made for purposes of delaying, hindering, or defrauding a creditor. 5. Courts have broad powers in proceedings supplementary over personal property transferred to a third party by a debtor "whether in the name or possession of third parties or not." Schwartz v. Capital City Nat'l Bank, 365 So. 2d 181 (Fla, Ist DCA 1978). 6. Under Florida Statute § 56.29, it is the burden of the defendant to prove that a transfer was not a fraudulent transfer. The manner in which a defendant may prove that a transfer was not fraudulent is governed by case law#4 FILED: BROWARD COUNTY, FL Brenda D. Forman, CLERK 9/26/2019 4:30:00 PM.**** Lubell & Rosen, LLC v. Farid Dallal Broward County Circuit Court Case No. CA CE 15-22033 (25) Order of Impleader of Hadi Saheli as Impleader (Third Party) Defendant in Aid of Execution Page 2 of 3 10. 11. and Florida’s Uniform Fraudulent Transfer Act (FUFTA). Morton v. Cord Realty, Inc., 677 So.2d 1322 (Fla. 4th DCA 1996). The filing of a motion [or a complaint] for Impleader is a sufficient pleading in order to assert a valid claim against third-party defendants in a supplementary proceeding. Pollizzi v. Paulshock, 52 So.3d 786 (Fla. Sth DCA 2010) (quoting Zureikat v. Shaibani, 944 So.2d 1019 (Fla. Sth DCA 2006)). The Plaintiff/Judgment Creditor has sufficiently alleged a prima facie case necessary to initiate third party proceedings in aid of execution against Hadi Saheli as Impleader (Third Party) Defendant in Aid of Execution based upon his receipt of the following described property from Defendant/Judgment Debtor Farid Dallal: © Condominium Unit No.: 1, in Building “E”, of Grand Turning Point Business Center I Condominium, a Condominium, according to the Declaration of Condominium recorded thereof, in Official Records Book 24848, at Pages 0255-335, of the Public Records of Miami-Dade County, Florida, together with an undivided interest in the common elements appurtenant thereto (Street Address: 16647 Southwest 117" Avenue, Unit 1-E, Miami, Florida 33177 (Folio Number: 30-5030-023-0460)) ACCORDINGLY, IT IS FURTHER ORDERED AND ADJUDGED: The Court hereby impleads Hadi Saheli as an Impleader (Third Party) Defendant in Aid of Execution. Hadi Saheli shall respond to the allegations contained in the Plaintiff/Judgment Creditor’s Motion for Order of Impleader of Third Party Defendant in Aid of Execution and the Impleader Complaint against Hadi Saheli as Impleader (Third Party) Defendant in Aid of Execution following the Plaintiff/Judgment Creditor’s perfection of service of process of the above described filings along with the Summons/Notice to Appear which the Court shall enter in this action in accordance with Florida Statute § 56.29 (2), along with a conformed copy of this Order, within SEVEN (7) BUSINESS DAYS from the date of the Plaintiff/Judgment Creditor’s service of these documents. The Notice to Appear shall direct Hadi Saheli to file an Affidavit, sworn to and under oath as provided in Florida Statute § 56.16, not less than SEVEN (7) BUSINESS DAYS from the date of service of the Notice to Appear, stating why the property, debt, or other obligation described in the Notice to Appear with reasonable particularity should not be applied to satisfy the Final Judgment which the Court entered in this action on April 19, 2016 in favor of Plaintiff/Judgment Creditor and against Defendant/Judgment Debtor Farid Dallal. . The Notice to Appear must describe with reasonable particularity the property, debt, or other obligation that may be available to satisfy the judgment, must provide such person with the opportunity to present defenses, and must indicate that discovery as provided under the rules of civil procedure is available and that there is a right to a jury trial as provided in Florida Statute § 56.18 and the Plaintiff/Judgment Creditor must serve the Notice to Appear upon Hadi Saheli as provided for in Chapter 48, Florida Statutes. . The Court directs Impleader Defendant Hadi Saheli to disclose any and all information concerning or pertaining to his receipt of the above described parcel of real property located in Miami-Dade County, Florida which formerly belonged to Dallal while the Final Judgment entered in this action against Farid Dallal remained outstanding and unsatisfied to the Plaintiff/Judgment Creditor in the form of a written ‘answer’ and to file and serve such answer upon the Court. . The Court instructs the Impleader Defendant to file a written answer in response to the allegations raised in the Plaintiffs/Judgment Creditor’s Impleader Complaint with the Court and serve reposes to the discovery ordersae FILED: BROWARD COUNTY, FL Brenda D. Forman, CLERK 9/26/2019 4:30:00 PM.**** Lubell & Rosen, LLC v, Farid Dalal Broward County Circuit Court Case No. CA CE 15-22033 (25) Order of Impleader of Hadi Saheli as Impleader (Third Party) Defendant in Aid of Execution Page 3 of 3 above, within seven (7) business days from the date that the Plaintiff/Judgment Creditor serves the same upon the Impleader Defendant and to serve a copy of such answers upon Plaintiff/Judgment Creditor’s Attorney: Scott Dickinson, Esq., Miami Law Counsel, PLLC, 777 West 41° Street—Suite 401 Miami Beach, Florida 33140 Telephone: (305) 672-7200/Telecopier: (305) 672-0101 Primary/Service E-Mail Address: filings@miamilawcounsel.com 15. Should the Impleader Defendant fail to file and serve a written answer or other written responses in accordance with this Order, this Court may enter a default and/or a Final Judgment for all relief requested by the Plaintiff/Judgment Creditor and against the Impleader Defendant upon the application of the Plaintiff/Judgment Creditor and upon notice and hearing to the Impleader Defendant in accordance with the Florida Rules of Civil Procedure. Copies furnished to: Scott Dickinson, Esq.—Attorney for PlaintiffJudgment Creditor, 777 West 41 Street, Suite 401, Miami Bfach, Florida 33140 [E-Mail Address: filings@miamilawcounsel com and sdickinson@miamilawcounsel.com] [Attorney Dickinson is directed to serve a copy of this order on interested parties and file a proof of service within 3 days of entry of the order]