Zambezi Ann, LLC v. Susan D. Deppert

DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FOURTH DISTRICT

ZAMBEZI ANN, LLC, DR. MEGAN DAVIS, and ROY H. DAVIS,
Appellants,

v.

SUSAN D. DEPPERT,
Appellee.

No. 4D2025-2406

[June 24, 2026]

Appeal from the Circuit Court for the Nineteenth Judicial Circuit, St.
Lucie County; Robert L. Pegg, Judge; L.T. Case No.
562020CA001850AXXXHC.

Allison Levey Friedman of Allison L. Friedman, P.A., Aventura, for
appellants.

Robert Summers of McCarthy, Summers, Wood, Norman, Melby,
Schultz, Wood & VanValkenburgh P.A., Stuart, for appellee.

PER CURIAM.

Zambezi Ann, LLC, Dr. Megan Davis, and Roy H. Davis appeal the
circuit court’s order granting Susan Deppert’s motion for judgment on the
pleadings pursuant to Florida Rule of Civil Procedure 1.140(c). Given that
the pleadings were not closed, we reverse.

This appeal arises from the residential sales contract at issue in case
number 4D2025-0695. Susan D. Deppert, Columbus574 LLC, and
Columbus574’s manager, Dr. Megan Davis, executed a residential sales
contract for the sale of a home in St. Lucie County, Florida. When issues
surrounding the sale arose, Deppert successfully sued the Appellants for
specific performance, which ultimately resulted in the transfer of the home
and an award of supplemental damages and attorney fees. 1

1 We address some of those damages in our opinion issued in appeal number

4D2025-0695.
Deppert sought to initiate proceedings supplementary under section
56.29, Florida Statutes (2025), alleging that the parties had fraudulently
transferred assets to prevent Deppert from collecting on her judgment. As
such, Deppert filed a motion for proceedings supplementary and for
issuance of notices to appear. That same day, Deppert filed an affidavit
attesting that she had an unsatisfied judgment. After an evidentiary
hearing, the circuit court entered judgment on the pleadings in her favor.

On appeal, the Appellants raise multiple issues. Our resolution of the
first issue renders the remaining issues moot. Florida Rule of Civil
Procedure 1.140(c) allows a party to move for judgment on the pleadings
“[a]fter the pleadings are closed, but within such time as not to delay trial.”
Fla. R. Civ. P. 1.140(c). Here, as Appellants argued at the hearing, the
pleadings were not closed. See Fla. R. Civ. P. 1.100(a) (delineating an
exhaustive list of what constitutes a “pleading”).

We reverse and remand for further proceedings. Our reversal renders
all other issues moot. On remand, we caution the parties to comply with
section 56.29’s requirements and safeguards.

Reversed and remanded.

KUNTZ, C.J., LEVINE and SHAW, JJ., concur.

* * *

Not final until disposition of timely-filed motion for rehearing.

2