Christopher Mash and Judy Webb Mash v. Express One International

This is an appeal from a final judgment in supplementary proceedings awarding the judgment creditor, Express One International, Inc., (Express One) a judgment for $469,791.08, plus interest, against impleaded third parties. It appears that Express One filed a motion for supplementary proceedings and for impleader of third parties alleging, among other things, that Express One was a judgment creditor of appellant Clyde Mash, and that the sheriff held an unsatisfied writ of execution on said judgment. It further alleged that the pending proceeding was one to set aside certain fraudulent conveyances of property between the aforesaid judgment debtor, Clyde Mash; Judy Webb Mash, Clyde's wife; Christopher Mash, Clyde's son; and Royal Aviation Systems, Inc., and to have such property levied upon to partially satisfy said judgment. The motion states that the named corporation was the alter ego of Clyde Mash and was formed and used with the intent of hindering, delaying and defrauding creditors, especially Express One. In furtherance of said fraudulent intent, it is alleged that Christopher Mash, Royal Aviation, Inc., and Clyde Mash executed at least two checks on Royal Aviation's corporate account amounting to a total of $275,000 to Judy Webb Mash, which funds belonged to the judgment debtor, Clyde Mash. It is also alleged that said transfer was permeated with numerous badges of fraud, such as, but not restricted to, the following facts: 1) the funds represented a recent sales commission earned by Clyde Mash, 2) the transfer was made within one month after the debtor made a motion for entry of the final judgment which is the subject of this proceeding, and 3) the transfer was made without consideration. Finally, the motion alleges in Paragraph 11: