Stack Fernandez & Harris, P.A.: News

International Arbitration Victory. On June 10, 2016, Stack Fernandez obtained a $26 million Final Arbitral Award from the International Court of Arbitration of the International Chamber of Commerce (the “ICC”) on behalf of one of its clients, one of the world’s largest producers and suppliers of fresh produce, in a contractual dispute concerning post-termination restrictive covenants. After a two and one-half year international arbitration battle, the ICC arbitration tribunal issued a Final Award rejecting all of the grower’s defenses and counterclaims, and awarding Stack Fernandez’s client permanent injunctive relief, specific performance of the post-termination restrictive covenants, damages in the amount of $26,133,000, plus reimbursement of the client’s attorney’s fees and costs. It was a resounding victory. Since the Final Award was issued, it has been confirmed and converted into a Final Judgment in the Netherlands. Further, SFH successfully defeated the grower’s attempt to vacate the Final Award here in the federal district court in South Florida, and obtained confirmation of the Final Award and a Final Judgment from the federal district court. Stack Fernandez continues its efforts to enforce the award, including filing garnishment actions and lawsuits against any third party that attempts to assist the grower in violating the permanent injunction. For more information about this matter, please contact Brian J. Stack, bstack@stackfernandez.com.
Victory in Massive Fraud and Theft Case. On March 20, 2017, Stack Fernandez obtained a $181 million Final Judgment for its client, the victim of a fraudster entrusted to invest the client’s funds, but who instead stole in excess of $154 million over a four-year period in an elaborate scheme complete with phony investment statements. In addition to the $181 million judgment, Stack Fernandez also obtained a permanent injunction against the fraudster. For more information about this matter, please contact Robert Harris, rharris@stackfernandez.com.
Post-Judgment Collection Remedies: Proceedings Supplementary under § 56.29, Fla. Stat. (Larry Fernandez). Winning in Court and obtaining a final judgment in your favor is just half the battle. Unless you are able to reach a negotiated settlement, the unfortunate truth is that the final judgment you worked so hard to obtain is only a piece of paper, albeit a powerful one. Upon the Court’s entry of a final judgment, your next concern must focus on collecting on that judgment. One potent method available to Florida creditors is the state’s proceedings supplementary statute, § 56.29, Fla. Stat. This statute grants the courts broad equitable authority to make a judgment creditor whole. The interpretive case law governing § 56.29 permits judgment creditors to execute not only on tangible assets, but also on the judgement debtor’s intangible property rights as well, including such things as copyrights, patents, and even life insurance contracts. Specifically, the statute’s express language allows judgment creditors to pursue and execute on any property, debt, or other obligation due to the judgment debtor. As such, this statute is commonly used to preempt judgment debtors from improperly dissipating their assets and fraudulently transferring property subject to execution. Fortunately for judgement creditors, § 56.29(8), Fla. Stat., also provides that the costs for pursuing the supplementary proceeding be taxed against the judgment debtor, which means that (in many situations) you may be able to recover the attorney’s fees you reasonably expended collecting on your judgment. The initiation of a proceedings supplementary is governed by § 56.29(1)-(2), Fla. Stat. Under the statute, a judgment creditor may file a motion and an affidavit describing any property, debt, or other obligation of the judgment debtor (not exempt from execution) in the hands of any person or entity (not just the judgment debtor) that may be used to satisfy the judgment. After filing the motion and affidavit, the court issues a Notice to Appear to the person or entity identified by the judgment creditor that directs such person to file an affidavit with the court that states why the property, debt, or other obligation should not be applied to satisfy the judgment. Importantly, this statute shifts the burden of proof to the judgment debtor to show why any personal property transferred to any “spouse, any relative, or any person on confidential terms with the judgment debtor” within 1 year of the service of process in the original action was not done to hinder or defraud creditors. Failing to assert any valid defenses, the court has the power to issue all orders necessary to levy the identified property, debt, or other obligation to satisfy the judgment creditor’s debt. Stack Fernandez & Harris has significant experience in successfully applying proceedings supplementary in complex, high-stakes proceedings. Recently, the International Court of Arbitration of the International Chamber of Commerce awarded the firm’s client a Final Arbitral Award in the amount of $26,133,000.00. After confirming the award in federal court, our client authorized us to initiate proceedings supplementary to collect on that judgment. Among other things, we were able to use the proceedings supplementary statute to prevent the judgment debtor from dissipating its assets by selling its interests in a foreign fruit plantation to a “friendly buyer” for pennies on the dollar. Without the tools afforded by § 56.29, our client may have been left with nothing more than an expensive judgment confirmed in federal court. For more information about this matter, please contact Larry Fernandez, lfernandez@stackfernandez.com.