Atlantic Mobile Homes, Inc. v. LeFever
Florida Court of Appeal
481 So. 2d 1002 (1986)
Relevant factsFree
Florida Mobile Home Communities, Inc. (FMHC) was a partner with Atlantic Mobile Homes, Inc. (Atlantic) (defendant) in a partnership. LeFever, Krause, and Clark (plaintiffs) obtained a money judgment against FMHC alone; neither Atlantic nor the Atlantic-FMHC partnership was a party to that suit. LeFever then sought to attach and liquidate FMHC's interest in the partnership's assets to satisfy the judgment, and the trial court allowed it. Atlantic appealed.
IssueFree
Whether the judgment creditor of an insolvent corporate partner can attach and liquidate the partner's interest in partnership property when the partnership is not a party to the litigation.