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Fi.~oduce on the Defendant, MARIA L. SWIFT, requiting her to
bring to the Hearing certain requested documentation relating
to real property owned by the Defendant in St. Lucie County - _
and Volusia County, Florida. A Bearing was held on August: 16,
1978,-and the Defendant appeared without the documentation
_ requested by the Plaintiff in the Notice to Produce and the
Supplemental No; ice to Produce. Thereupon an Order was entered
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by this Court on August 18, 1978, .which denied the Plaintiff`s
- ~ Motion to-Set Aside the tw+o (2) conveyances of real property -
~ in St. Lucie County and Volusia County, Florida, for the reason
that "no proof was offered-as-to the amount of the Mortgages
assumed~and the fair market value of the two (2) houses.. -
There is insufficient evidence of lack of consideration for
_ these two_(2) transfers". The Defendants, MARIA L. SWIFT,
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PBTER 8. SERRA and WSNDY F. SSRRA, his wife; in this action,
- which is a suit to set-aside fraudulent conveyances and a
Complaint for Creditor's Bill, have asserted that this Court's
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previous. Order of August 18, 1978, in Case No. 75-?6 CP, is a ~
bar to the instant suit.- Proceedings Supplementary~vnder
§56.29(1);_Florida Statutes, were intended to assist judgment- ~
- creditors to discover any assets which could be appropriated
to satisfy a Judgment. They are-deemed a substitute for a
Creditor's Bill in Chancery and the Statute providing for such ~
proceedings should be given liberal construction. Furthermore.,
the 3dctrine-of res judicata should not be invoked where it will
~ work an injustice-. The Qrder denying the Motion to Set-Aside _
Fraudulent Conveyances was entered because of the Plaintiff's
_ ~ failure to--prove lactc of consideration for the conveyances . -The
Defendant-. MARIA L. SWIF"-'S, failure to_produce the documents
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requested in the Notice to Produce and Supplemental Notice to
Produce h~.ndered the Plaintiff in meeting this burden of proof ~
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and it would be inequitable to prevent the Plaintiff on the
basis of res judicata from- attempting to -overcome this eviden-
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~ teary problem in a separate Suit to set=aside a fraudulent
conveyance-brought pursuant to §726.01, Florida Statutes. ~
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Accordingly, it is -
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