Monday, November 3, 2003
Lewis B. Freeman v. First Union National Bank
no. 03-896
Miami-Dade County
This case comes before the Court upon a certified question
from the Eleventh Circuit Court of Appeals. A federal district court
dismissed part of the creditor plaintiffs' lawsuit against First Union,
citing the failure to state a cause of action for an aiding and abetting
claim. This Court will now consider the issue of whether there exists,
under Florida law, a cause of action for aiding and abetting a fraudulent
transfer when the alleged aider-abettor is not a transferee.