TIMOTHY VIENS AND CONNECTICUT TREE SERVICE, LLC. vs SCOTT LAND

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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED TIMOTHY VIENS AND CONNECTICUT TREE SERVICE, LLC., Appellants, v. Case No. 5D19-2907 SCOTT LAND, Appellee. ________________________________/ Opinion filed August 7, 2020. Appeal from the Circuit Court for Volusia County, Michael S. Orfinger, Judge. Samuel Alexander, of Alexander Appellate Law P.A., DeLand, for Appellants. Lisa R. Patten, of Patten & Associates, Orlando, for Appellee. PER CURIAM. We find merit in only one issue raised on appeal and affirm as to all others without need of discussion. Appellants, Timothy Viens and Connecticut Tree Sales, LLC, correctly argue that the trial court erred in the form of its final judgment which awarded an additional $40,000 plus interest to Appellee, Scott Land, based upon a fraudulent transfer. We reverse the final judgment only as to that issue and remand this matter to the trial court solely for entry of an amended final judgment in favor of Scott Land that adjudicates Connecticut Tree Sales, LLC, jointly and severally liable with Timothy Viens for $40,000 plus pre-judgment and post-judgment interest on that amount of the total judgment of $387,098.38 that was entered against Timothy Viens in favor of Scott Land. AFFIRMED IN PART, REVERSED IN PART, REMANDED with instructions. EDWARDS, EISNAUGLE, and GROSSHANS, JJ., concur. 2

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