5D06-1211 McMahon v. Ryan

State: Florida

Court: Florida Fifth District Court

Docket No: 5D06-1211

Case Date: 08/20/2007

Preview:IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JULY TERM 2007

SAMUEL MCMAHON, III, Appellant, v. JANICE M.A. RYAN, ETC. ET AL., Appellee. ________________________________/ Opinion filed August 24, 2007 Non-Final Appeal from the Circuit Court for Orange County, Reginald K. Whitehead, Judge. Lawrence M. Kosto, of Kosto & Rotella, P.A., Orlando, for Appellant. Elizabeth M. Ryan, of Kass, Shuler, Solomon, Spector, Foyle & Singer, P.A., Tampa, for Appellee. GRIFFIN, J. Samuel McMahon, III ["McMahon"] appeals the trial court's order denying his motion to quash service of process in a suit brought against him by Janice M.A. Ryan ["Ryan"], on behalf of Internet Group, Inc., a Florida Corporation, and herself, individually. We reverse. On August 20, 1992, an involuntary petition for bankruptcy was filed for McMahon.1 Subsequently, on or about March 29, 1993, Ryan filed this lawsuit, naming McMahon as one of the defendants.
1

Case No. 5D06-1211

In her complaint, Ryan alleged that she,

The petition was filed pursuant to Chapter 11 of the bankruptcy code. McMahon later converted the proceeding to one under Chapter 7.

McMahon, and two others had worked together to form a company called Internet Group, Inc. ["Internet Group"] in May of 1989. She alleged that McMahon, acting in concert with others, illegally took control of Internet Group, forced her out, misappropriated corporate assets, and dissolved the corporation. On May 4, 1993, McMaho n's attorney filed a notice of bankruptcy in the trial court. The notice advised that "[f]urther proceedings involving [McMahon] are stayed pursuant to the provisions of 11 U.S.C. Sections 362, 1201 and 1301." Nevertheless, on May 6, 1993, McMahon, through his wife, was formally served with process. On June 27, 1996, a federal court imposed a 135-month sentence against McMahon for a variety of financial crimes. Then, on March 18, 1997, the bankruptcy court entered an order denying McMahon discharge in the bankruptcy proceeding. The order denying discharge apparently terminated the automatic stay, pursuant to 11 U.S.C.

Download 5D06-1211 McMahon v. Ryan.pdf