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Uniform Fraudulent Transfer Act Claims in Florida Need Not Be Stayed Until Judgment

By Steven N. Lippman

In a Sept. 25, 2003, opinion, the Florida Supreme Court held that a claim under the Florida Uniform Fraudulent Transfer Act (FUFTA) does not need to be stayed until a judgment is obtained against the alleged fraudulent transferor. Friedman v. Heart Institute of Port St. Lucie, Inc., 2003 WL 22208004 (Fla. 2003).

Friedman was terminated as a physician by the Heart Institute of Port St. Lucie, Inc. (the “Heart Institute”). Subsequently, the Heart Institute commenced an action to enforce a noncompete clause in Friedman's contract with the Heart Institute. The Heart Institute later amended its complaint to include a claim under the FUFTA alleging that Friedman fraudulently transferred the proceeds from the sale of his home to his fiancee in an effort to divest himself of assets. Friedman moved to stay the FUFTA claim and its concomitant discovery until after a judgment was obtained in the underlying breach of contract claim.

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