CopyCited 12 times | Published | Florida 5th District Court of Appeal | 12 Fla. L. Weekly 2123, 1987 Fla. App. LEXIS 10116
...The Florida Supreme Court applied these principles in Trauger v. A.J. Spagnol Lumber Co.,
442 So.2d 182 (Fla. 1983), where the trial court denied enforcement of a Pennsylvania judgment, otherwise valid, because it was based on a confession of judgment, thus not enforceable in Florida because of section
55.05, Florida Statutes (1977) which declared such confessions of judgment void....
...r the laws of Pennsylvania and constitutional under the United States Constitution, should be denied full faith and credit because a judgment based on a confession of judgment is contrary to the public policy of the State of Florida, as expressed in section 55.05....
CopyCited 12 times | Published | Supreme Court of Florida | 1983 Fla. LEXIS 2894
...Robert B. Dunckel of Adler, Tolar & Adler, Fort Lauderdale, for appellee. OVERTON, Justice. This is an appeal from the decision of the Fourth District Court of Appeal in A.J. Spagnol Lumber Co. v. Trauger,
423 So.2d 956 (Fla. 4th DCA 1982), which held that section
55.05, Florida Statutes (1977), [1] violates the full faith and credit clause of the United States Constitution [2] to the extent that it prohibits enforcement of a foreign confessed judgment....
...to Rico and eventually coming to this state. When Spagnol located Trauger, it filed a Florida action to enforce the Pennsylvania judgment. Trauger answered and asserted as an affirmative defense that the Pennsylvania judgment was null and void under section 55.05 because it was based on a confession of judgment and, consequently, was secured without personal service....
...The trial court found merit in Trauger's affirmative defense and, in a judgment on the pleadings, held that the judgment sought to be enforced was void in this state. The district court reversed, concluding in a thorough opinion that the legislature intended section 55.05 to operate to forbid confessions of judgment in Florida and to prohibit Florida courts from enforcing foreign judgments based on confessions of judgment....
...Trauger contends that this judgment, which he concedes is proper under the laws of Pennsylvania and constitutional under the United States Constitution, [3] should be denied full faith and credit because a judgment based on a confession of judgment is contrary to the public policy of the State of Florida, as expressed in section 55.05....
...the judgment has not been satisfied or discharged, and that the judgment was not obtained by fraudulent means. The State of Florida, therefore, is obligated under the full faith and credit clause to provide a proper process to enforce this judgment. Section 55.05, to the extent it would declare this foreign judgment void in Florida, is unconstitutional, and we affirm the decision of the Fourth District Court of Appeal. It is so ordered. ALDERMAN, C.J., and BOYD, McDONALD, EHRLICH and SHAW, JJ., concur. ADKINS, J., concurs specially with an opinion. ADKINS, Justice, specially concurring. While I agree with the majority that section 55.05, Florida Statutes, is unconstitutional to the extent that it would prevent the Pennsylvania judgment from receiving full faith and credit, I must take exception with the broad statement that all foreign judgments rendered by a court wit...
...e conclusion that the State of Florida's policy against confessed judgments is not so strong as to warrant an exception to the requirement of full faith and credit. For these reasons, I concur in the result reached in the majority opinion. NOTES [1] Section 55.05 provides: All powers of attorney for confessing or suffering judgment to pass by default or otherwise, and all general releases of error, heretofore made or to be made hereafter by any person whatsoever within or without this state, before such action brought, shall be absolutely null and void....
CopyCited 10 times | Published | Supreme Court of Florida | 155 Fla. 22, 155 A.L.R. 916, 1944 Fla. LEXIS 458
before action is brought, is null and void. See Section
55.05, Florida Statutes, 1941. Moreover, a domestic
CopyCited 5 times | Published | Florida 4th District Court of Appeal
...t the publication or utterances were false and in *680 failing to allege sufficient circumstances to show malice in order to negate the presence of a qualified privilege. Affirmed. WALDEN, C.J., and McCAIN and OWEN, JJ., concur. NOTES [1] F.S. 1967, section 55.05, F.S.A.
CopyCited 5 times | Published | Florida 3rd District Court of Appeal | 1988 WL 6054
...rteenth Amendment." [emphasis in original]); see Williams v. Illinois,
399 U.S. 235,
90 S.Ct. 2018,
26 L.Ed.2d 586 (1970). It is inconceivable that such a right may be the subject of a valid waiver. Certainly if it is impermissible, both by statute, §
55.05, Fla....
CopyCited 1 times | Published | Florida 3rd District Court of Appeal
...Thereafter an action was brought upon the Illinois judgment in the circuit court in Dade County, which entered judgment thereon. The defendant appealed. The granting of powers of attorney for confession of judgment is contrary to the policy of this state, and by section 55.05, Fla....
...The prevailing conflict of laws rule is that the validity of such a cognovit note or warrant of authority for confession of judgment is governed by the law of the place of its execution. [2] See Annotation, 19 A.L.R.2d 544. The Florida statute *896 (§ 55.05, F.S.A.) conforms to that rule, by controlling such contracts and declaring void those made in this jurisdiction....
...NOTES [1] "All powers of attorney for confessing or suffering judgment to pass by default or otherwise, and all general releases of error, made or to be made by any person whatsoever within this state, before such action brought, shall be absolutely null and void." § 55.05, Fla....
CopyPublished | Florida 4th District Court of Appeal | 1997 Fla. App. LEXIS 6242, 1997 WL 309982
...PER CURIAM. Appellant, Boardwalk Regency Corporation, owner of an Atlantic City gambling casino, obtained a $40,761.64 judgment in a New Jersey Superior Court against appellee, Bruce Hornstein. Boardwalk then domesticated the judgment in Florida pursuant to section 55.05, Florida Statutes....
CopyPublished | Florida 3rd District Court of Appeal | 75 A.L.R. 3d 889, 1970 Fla. App. LEXIS 6198
confession of attorney are void in this state. See §
55.05, Fla.Stat, F.S.A. The Illinois rule is inapplicable
CopyPublished | United States Bankruptcy Court, M.D. Florida | 1982 Bankr. LEXIS 4710
...edit Clause of the U.S. Constitution, entitled to res judica-ta effect and, therefore, enforceable in Florida. The Defendants contend that the Illinois judgment is void since it was obtained contrary to Florida law. Indeed, it is true that Fla.Stat. § 55.05 proscribes the use of a power of attorney to confess judgment made before an action is brought and declares any judgment so obtained to be null and void....
CopyPublished | District Court of Appeal of Florida | 1980 Fla. App. LEXIS 17921
...The final judgment is reversed as to the award of $1,623.00 as a collection fee, but is otherwise affirmed and the cause is remanded to the trial court for correction of the final judgment in accordance herewith. AFFIRMED in part and REVERSED in part. FRANK D. UPCHURCH, Jr. and CO-WART, JJ., concur. . § 55.05, Fla.Stat....
CopyPublished | Florida 3rd District Court of Appeal | 1982 Fla. App. LEXIS 22189
residents, *957based on the application of section
55.05, Florida Statutes (1977).1 Appellant’s amended
