Doe v. Vazquez
2:22-cv-00200
M.D. Fla.Apr 14, 2025Background
- Jane Doe obtained an $11.4 million judgment against Felipe Javier Vazquez for harm caused by his criminal acts against her.
- Following the judgment, Doe discovered Vazquez had transferred approximately $3.6 million to his sister, Prescilla Vazquez Cosme, during the period in which his unlawful acts occurred.
- Cosme used these funds to purchase and improve the Friars Cove Property in Saint Cloud, Florida, then transferred it to the Obalita 57 Trust, for which she acts as trustee.
- Two mortgages were subsequently recorded against this property: $2.5 million to SouthState Bank and $100,000 to First Green Park, Inc.
- Doe filed a motion under Florida Statute § 56.29 to commence proceedings supplementary, seeking to implead Cosme, the Trust, and the two lienholder entities to assist in satisfying the judgment and challenge alleged fraudulent transfers.
- The Defendant did not file a response to Plaintiff’s motion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Doe satisfied prerequisites for proceedings supplementary | Doe satisfied statutory requirements: valid, unsatisfied judgment and list of parties to implead | No response | Court found prerequisites met; allowed impleader of Cosme, Trust, banks |
| Whether fraudulent transfers justify impleader | Vazquez fraudulently transferred funds to Cosme to avoid creditors | No response | Sufficient allegation to proceed against identified third parties |
| Whether to impose equitable lien/constructive trust/foreclosure | Court should impose remedies on Friars Cove Property | No response | Denied without prejudice—may be reasserted once third parties appear |
| Whether costs/fees should be awarded now | Costs/fees should be imposed with supplementary proceedings | No response | Denied without prejudice—can be revisited after impleader response |
Key Cases Cited
- Est. of Jackson v. Ventas Realty, Ltd. P’ship, 812 F. Supp. 2d 1306 (M.D. Fla. 2011) (Explains proceedings supplementary in Florida—creditor may reach debtor’s assets held by third parties)
- Longo v. Associated Limousine Servs., Inc., 236 So. 3d 1115 (Fla. Dist. Ct. App. 2018) (Court has no discretion to deny motion if statutory prerequisites met)