NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING 

MOTION AND, IF FILED, DETERMINED 

 IN THE DISTRICT COURT OF APPEAL 

 OF FLORIDA 

 SECOND DISTRICT 

PETER THOMAS STAVROU, ) 

ALEXANDRA STAVROU, and ) 

BESSY STAVROU, ) 

 ) 

 Appellants, ) 

 ) 

v. ) Case No. 2D16-390 

 ) 

DESTINATION BOAT CLUBS, INC.; and ) 

ISLAND BREEZE BOAT CLUB AND ) 

RENTAL, INC., ) 

 ) 

 Appellees. ) 

 ) 

Opinion filed May 31, 2017. 

Appeal from the Circuit Court for Lee 

County; Keith R. Kyle, Judge. 

Jack C. Morgan, III of Roetzel & Andress, 

LPA, Fort Myers, for Appellants. 

Dennis L. Avery of Avery, Whigham & 

Winesett, P.A., Fort Myers, for Appellee 

Destination Boat Clubs, Inc. 

No appearance for remaining Appellee. 

MORRIS, Judge. 

 Peter Thomas Stavrou, Alexandra Stavrou, and Bessy Stavrou appeal 

from a final judgment upon impleader wherein the circuit court awarded Destination 
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Boat Clubs, Inc. (Destination), a total of $59,900 in proceedings supplementary. For the 

reasons explained herein, we affirm in part and reverse in part. 

The proceedings supplementary award was based on the final judgment 

entered in a breach of contract action between Destination and Island Breeze Boat Club 

and Rental, Inc. (Island Breeze). Peter Stavrou was the sole officer and shareholder of 

Island Breeze. Judgment was rendered in favor of Destination in the breach of contract 

action, and the circuit court awarded $10,000 (the equivalent of Destination's escrow 

deposit) plus an award of attorneys' fees and costs in the amount of $36,552.90. 

Destination thereafter impleaded the three Stavrous individually and initiated the 

proceedings supplementary, arguing that Peter improperly withheld the escrow deposit 

as well as $23,000 that Island Breeze earned from boat sales and that Peter improperly 

transferred $26,900 from Island Breeze's bank account to a joint bank account shared 

by the three Stavrous. Ultimately, the circuit court entered the order on appeal, 

concluding (1) that Peter violated his fiduciary duties by keeping the $10,000 escrow 

deposit, thereby preventing Destination from recovering at least a portion of the final 

judgment, (2) that Peter engaged in fraudulent transfers of the $10,000 deposit, the 

$23,000 earned from the boat sales, and the $26,900 that was moved from the Island 

Breeze bank account to the Stavrous' joint bank account, and (3) that Peter's actions 

justified piercing the corporate veil. The effect of the circuit court's order was to award 

all of the improperly transferred monies to Destination. Peter was held liable for the 

entire amount of the judgment while Alexandra and Bessy were held jointly and 

severally liable only for the $26,900. 
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 On appeal, the Stavrous first argue that the circuit court erred by rendering 

a judgment against Peter in an amount that exceeded the amount that was owed to 

Destination under the original final judgment, and Destination concedes error on this 

point. A judgment in an ancillary proceeding1 should not be entered in excess of the 

unpaid amount of the underlying judgment. See § 726.109(2), Fla. Stat. (2015) 

(explaining that "to the extent a [fraudulent] transfer is voidable in an action by a creditor 

under s. 726.108(1)(a), the creditor may recover judgment for the value of the asset 

transferred . . . or the amount necessary to satisfy the creditor's claim" (emphasis 

added)); Mansolillo v. Parties by Lynn, Inc., 753 So. 2d 637, 640 (Fla. 3d DCA 2000) 

(applying section 726.109(2) to a judgment rendered in proceedings supplementary); cf. 

Sec. Bank, N.A. v. BellSouth Advert. & Publ'g Corp., 679 So. 2d 795, 800 (Fla. 3d DCA 

1996) (quoting Henry P. Trawick, Jr., Trawick's Florida Practice and Procedure § 33-6, 

at 559 (1995 ed.), for the proposition that a judgment should not be entered against a 

garnishee in excess of the unpaid amount on the judgment against a garnishment 

defendant "or in excess of the garnishee's liability to the garnishment defendant" 

(emphasis omitted)). And here, the underlying judgment was for $46,552.90 ($10,000 

for the escrow deposit plus $36,552.90 for attorneys' fees and costs). However, we 

agree that Destination is entitled to recover prejudgment interest running from the date 

of loss. See Argonaut Ins. Co. v. May Plumbing Co., 474 So. 2d 212, 215 (Fla. 1985); 

Mansolillo, 753 So. 2d at 640. Consequently, we reverse the final judgment upon 

 1The proceedings supplementary in this case were ancillary postjudgment 

proceedings wherein Destination sought to recover fraudulently transferred monies. We 

reject the Stavrous' contention to the contrary. See Nat'l Auto Serv. Ctrs., Inc. v. F/R 

550, LLC, 192 So. 3d 498, 502 (Fla. 2d DCA 2016); Nat'l Mar. Servs., Inc. v. Straub, 

776 F.3d 783, 788 (11th Cir. 2015). 
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impleader in part as against Peter. We affirm the final judgment upon impleader as 

against Alexandra and Bessy.2 On remand, the circuit court should enter an amended 

final judgment upon impleader that reflects a judgment against Peter in an amount of 

$46,552.90 plus any prejudgment interest that has accrued from the various dates of 

loss. The judgment against Alexandra and Bessy jointly and severally for $26,900 

should remain unchanged. We find no merit in the other two points raised by the 

Stavrous in this appeal. 

 Affirmed in part, reversed in part, and remanded for proceedings in 

conformance herewith. 

WALLACE and ROTHSTEIN-YOUAKIM, JJ., Concur. 

 2Because Alexandra and Bessy were only held jointly and severally liable 

for the money that was transferred to the joint bank account ($26,900), no argument can 

be made that the final judgment upon impleader improperly awarded monies in excess 

of the underlying judgment as against them. Cf. Pollizzi v. Paulshock, 52 So. 3d 786, 

790 (Fla. 5th DCA 2010) (explaining that third-party defendants can only be held 

responsible for returning improperly transferred monies that are in their possession). 

Thus we need not reverse the portion of the final judgment as against them.