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Business Associations Keyed to LoPucki, 2nd Ed.
Schanck v. Gayhart
Citation:
245 So. 3d 970 (2018)Facts
In 2015, John Schanck and Myong-He Gayhart’s marriage was dissolved by a Consent Final Judgment. Gayhart waived alimony and claims to certain assets, including any interest in Stellar Recovery, Inc., in exchange for an equalizing payment of $2.5 million to be paid in monthly installments. The agreement specifically provided that payments would survive Gayhart’s death and could be enforced by her estate. After Gayhart’s death, Schanck failed to make payments, resulting in judgments against him. During discovery, Schanck initially claimed not to know the location of his stock certificates in Stellar Recovery and DataSignals, but later stated they had been moved to Canada. The Estate sought court assistance in executing the judgment, requesting an order for Schanck to turn over the certificates or, if they could not be located, to reissue them.
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