CopyCited 21 times | Published | Court of Appeals for the Eleventh Circuit | 89 Fed. R. Serv. 3d 1960, 2014 U.S. App. LEXIS 20656
...Florida law provides that the debtor’s deposit of the full
amount of the judgment plus post-judgment interest in the court’s registry “satisfies
the judgment.” Weaver v. Stone,
212 So. 2d 80, 81 (Fla. Dist. Ct. App. 1968)
(citing Fla. Stat. §
55.141)....
CopyCited 14 times | Published | Florida 4th District Court of Appeal
...After answer defendant moved for summary judgment and in support attached a certified copy of the judgment entered in the prior action. The judgment was noted as satisfied by the clerk. Upon this basis the trial court granted defendant's motion. F.S. 1965, section 55.62, F.S.A. (now F.S. 1967, section 55.141, F.S.A.), provides in part as follows: "(1) All judgments and decrees for the payment of money * * * may be satisfied * * * by payment * * * into the registry of the court where rendered....
...Pennsylvania Railroad *82 Company, 1958, 6 A.D.2d 531, 179 N.Y.S.2d 960; Restatement, Judgments, § 95, comment a. Accordingly, satisfaction of plaintiff's judgment against defendant's employer in the manner permitted by F.S. 1965, section 55.62, F.S.A. (now F.S. 1967, section 55.141, F.S.A.), discharged defendant from any liability....
...herefore affirmed. Affirmed. NELSON, JAMES T., Associate Judge, concurs. CROSS, J., dissents with opinion. CROSS, Judge (dissenting). I must of necessity respectfully dissent. I am of the opinion that F.S. 1965, Section 55.62, F.S.A. (now F.S. 1967, Section 55.141, F.S.A.), as construed in the majority opinion will produce an unreasonable consequence....
CopyCited 10 times | Published | Florida 1st District Court of Appeal | 1996 WL 549370
...ever been filed. On cross appeal, the Westers' sole argument is that Mr. Grant should not be permitted to pursue an appeal: "The appellant should not have been allowed to continue with the appeal once the judgment was satisfied in full pursuant to Section 55.141, Florida Statutes." [4] This is not a case where an appellant's payment of or other acquiescence in an adverse judgment waives by implication the appellant's right to review or renders the appeal moot....
CopyCited 8 times | Published | Florida 1st District Court of Appeal | 40 A.L.R. 3d 1171
...ther or other joint tort-feasors on the same cause of action. Appellants therefore present as the sole point on appeal the question of whether the payment of a judgment by a defendant joint tort-feasor into the registry of the court pursuant to F.S. § 55.141, F.S.A., without acceptance of the deposit by the plaintiff constitutes such a satisfaction of the judgment as to preclude a subsequent suit by the injured party against another joint tort-feasor....
...Those are the facts present in the case sub judice and render the theory espoused by appellee inapplicable. For the foregoing reasons the judgment appealed is reversed and the cause remanded for further proceedings consistent with the view expressed herein. JOHNSON, C.J., and SPECTOR, J., concur. NOTES [1] F.S. § 55.141, F.S.A....
...stitute full payment and satisfaction thereof and any lien created by such judgment or decree shall thereupon be satisfied and discharged." [2] Gerardi v. Polk (Fla.App. 1969),
220 So.2d 387. [3] Power v. Baker, (C.C.Minn. 1886),
27 F. 396. [4] F.S. §
55.141, F.S.A....
CopyCited 6 times | Published | Florida 4th District Court of Appeal | 2008 Fla. App. LEXIS 7224, 33 Fla. L. Weekly Fed. D 1358
...ry of the court to be held as a setoff for the attorney's fee award. Thus, Port-A-Weld's automatic right to post-judgment interest cannot be defeated by a payment into the registry of the court, where Port-A-Weld had no access *571 to the money. Cf. § 55.141, Fla....
CopyCited 5 times | Published | Florida 5th District Court of Appeal | 2001 Fla. App. LEXIS 14459, 2001 WL 1219492
...Sears, of Sears & Manuel, P.A., Orlando, for Appellees. GRIFFIN, J. This is the appeal of an order entered in circuit court determining that a prior county court judgment obtained by Appellant, Marcia J. Wassman ["Wassman"], had been satisfied pursuant to the provisions of section 55.141, Florida Statutes (1999)....
...The Circuit Court has ruled that Marcia J. Wassman's claim falls under the bond year which is the subject of the Order of Interpleader in that case and for which the bond fund was deposited. 4. Defendant is entitled to a Satisfaction of Judgment pursuant to Florida Statute 55.141....
...She also filed a motion to satisfy her judgment of December 11, 1997 by payment from the bond fund. On January 3, 2000, the court held that the final judgment entered in favor of Wassman and against Travelers on December 11, 1997 had been satisfied of record pursuant to section 55.141, Florida Statutes, by virtue of Travelers' interpleader and deposit of $25,000 into the registry of the court....
...Given the circuit court's various orders, including the bar of any claim not made through the interpleader, it would have been foolish for Wassman to refuse to participate. Finally, it is clear that Wassman's county court judgment had not been satisfied within the meaning of 55.141(1), Florida Statutes....
CopyCited 4 times | Published | Florida 5th District Court of Appeal | 1988 WL 71550
...ment and to refuse to accord the money judgment its lawful effect as a lien against land to which it has attached as provided by law. A duly entered and recorded money judgment must be accorded its legal effect until it is satisfied by payment ( see § 55.141, Fla....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 1991 WL 24868
...Therefore, this case does not fall under either exception to the "acceptance of benefits" doctrine. See Hurst v. First National Bank of Tampa,
381 So.2d 1194 (Fla. 2d DCA 1980). The second option that a judgment debtor has is the ability to place the funds in the court registry. See §
55.141, Fla....
CopyCited 2 times | Published | Florida 3rd District Court of Appeal
...However, it is also undisputed that LGJ had a valid judgment lien against the property which was recorded prior to the appellee's lien. A valid money judgment which has been duly recorded and entered as a lien against land "must be accorded its legal effect until it is satisfied by payment (see § 55.141, Fla....
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 2008 WL 4753755
...r 14, 2007, in favor of her former husband, Jack K. Vick, Jr. The former wife contends that the trial court erred in failing to set aside the satisfaction of judgment because the clerk could not legally satisfy and discharge the judgment pursuant to section 55.141, Florida Statutes (2007), until undetermined costs, fees and claims for damages pending before the lower court and costs reserved on the face of the March 14, 2003 judgment were determined and paid....
CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 1995 Fla. App. LEXIS 7754, 1995 WL 421867
...However, it is also undisputed that LGJ had a valid judgment lien against the property which was recorded prior to the appellee’s lien. A valid money judgment which has been duly recorded and entered as a lien against land “must be accorded its legal effect until it is satisfied by payment (see §
55.141, Fla.Stat.) or the lien thereof expires as provided by law (see §§
55.081 and
55.10, Fla.Stat.) or judicial relief from judgment is properly granted a party or his legal representative for a reason recognized in law (see Fla.R.Civ.P....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 1988 WL 84056
...Bates & Daly Co.,
348 So.2d 23 (Fla. 4th DCA 1977); Meredith v. Lowe's of Florida, Inc.,
405 So.2d 1061 (Fla. 4th DCA 1981); Miller v. Duke,
155 So.2d 627 (Fla. 1st DCA 1963). We reverse the order denying appellant's motion to vacate the satisfaction of judgment entered per section
55.141, Florida Statutes (1987). Section
55.141, Florida Statutes (1987) requires a judgment to be final before it can be satisfied by a deposit in the court registry....
CopyPublished | Florida 3rd District Court of Appeal | 2009 Fla. App. LEXIS 14598, 2009 WL 3100997
...Cucamonga filed suit to foreclose the second mortgage which secured the note. An amended final judgment of foreclosure was entered in July 2006. In August 2006, Challenger redeemed the property and the circuit court clerk issued a Clerk's Certificate of Satisfaction of Final Judgment of Foreclosure. See § 55.141, Fla....
CopyPublished | United States Bankruptcy Court, M.D. Florida | 2016 Bankr. LEXIS 4619
...ugh the Debtor’s inheritance of the 25% interest in the same Property from her mother. A valid money judgment which has been duly recorded and entered as a hen against land “must be accorded its legal effect until it is satisfied by payment (see § 55.141, Fla....
CopyPublished | Florida 3rd District Court of Appeal | 1999 WL 1259046
...his action or satisfy Tejedo's original judgment is not an inconsistent position. Estoppel does not apply where there is not an inconsistent position. Moreover, the Secretary's motion for voluntary dismissal did not disadvantage Tejedo. Pursuant to section 55.141, Florida Statutes, the full payment of Tejedo's judgment satisfied and discharged the claimed lien....
CopyPublished | United States Bankruptcy Court, M.D. Florida | 6 Fla. L. Weekly Fed. B 327, 1992 Bankr. LEXIS 1991, 1992 WL 382679
...ight in the subject property through her suit for partition. Of course, her right to partition the former marital home depends 'on the interpretation of the Final Decree which dissolved the marriage and calls into play the applicability or Fla.Stat. § 55.141....
CopyPublished | Florida 4th District Court of Appeal | 2006 Fla. App. LEXIS 6563, 2006 WL 1154818
...Affidavit of Indebtedness filed in this action which are proper under the terms of the note and mortgage foreclosed herein. Prior to the foreclosure sale, the trial court issued a “Satisfaction of Judgment by the Clerk of the Circuit Pursuant [to] Section 55.141” to the Daleys....
...Following the sale, Synergy Investment Group, Incorporated, the successful bidder, requested the trial court determine the validity of its certificate of title. The Daleys moved to intervene, alleging they were bona fide purchasers of the property because their closing agent utilized section 55.141, Florida Statutes, to satisfy the judgment after unsuccessfully attempting to obtain payoff information from MERS....
...The trial court found the Daleys were denied due process because MERS submitted its motion to vacate the satisfaction ex parte. The court vacated Synergy Investment Group’s certificates of sale and title and ordered the clerk to issue a new satisfaction of judgment in favor of the Daleys. On appeal, MERS argues that section
55.141 is inapplicable to foreclosure judgments and that section
701.04, entitled “Cancellation of mortgages, liens, and judgments,” controls. We agree. Section
55.141(1) provides: All judgments and decrees for the payment of money rendered in the courts of this state and which have become final, may be satisfied at any time prior to the actual levy of execution issued thereon by payment of the full...
...f the court where rendered. In contrast, section
701.04 directs the mortgagor to request in writing the amount of the unpaid principal balance and specifies the mortgagee’s duties after receiving the request and the amount satisfying the judgment. Section
55.141, by its very terms, applies to a judgment for “the payment of money.” A foreclosure judgment includes the payment of money, but also involves other rights and remedies intertwined with the subject property itself....
CopyPublished | Florida 4th District Court of Appeal
...1st DCA 1976).
3
The lender responds that: 1) Florida law provides for attorney’s fees to
be included in a judgment for purposes of redemption; 2) the satisfaction
of judgment was erroneous because it was entered pursuant to the wrong
Florida Statute—section
55.141 instead of section
45.0315; 3) the trial
court had discretion to enter an amended final judgment for additional
attorney’s fees; and 4) the borrower’s argument is moot because we
previously deemed the amended final judgment “to b...
CopyPublished | Florida 4th District Court of Appeal
...He also moved to vacate the satisfaction of judgment,
disburse the court funds, and amend the original final judgment to
increase the redemption amount to include the appellate attorney’s fees,
pursuant to Florida Rule of Civil Procedure 1.525. The lender argued the
satisfaction was issued in error, pursuant to section 55.141, Florida
Statutes.
The trial court granted the lender’s motions, vacated the satisfaction of
judgment, and disbursed the court registry funds....
...4th DCA 2012), is
controlling.
The lender responds that: 1) Florida law provides for attorney’s fees to
be included in a judgment for purposes of redemption; 2) the satisfaction
of judgment was erroneous because it was entered pursuant to the wrong
Florida Statute—section
55.141 instead of section
45.0315; 3) the trial
court had discretion to enter amended final judgments for additional
attorney’s fees; and 4) the borrower’s argument is moot because we
previously deemed the amended final judgment “to be...
...The last issue we address is the satisfaction of judgment. The borrower
argues the trial court erred in vacating the satisfaction of judgment. The
lender responds the trial court correctly vacated the satisfaction of
judgment because the clerk erred in issuing the satisfaction under section
55.141, Florida Statutes, instead of issuing a certificate of redemption
under section
45.0315. On this issue, we agree with the lender.
Section
55.141, which allows for satisfaction of final judgments for the
payment of money “by payment of the full amount of [the] judgment . . .
plus interest and costs,” is inapplicable to “foreclosure judgments.” Mortg.
Elec. Registration Sys. v. Mahler,
928 So. 2d 470, 472 (Fla. 4th DCA 2006)
(quoting §
55.141, Fla....
CopyPublished | Florida 3rd District Court of Appeal
...Thus, Aquastar’s Judgment became a secured
judgment lien on the Property on that January 22, 2021.
“A valid money judgment which has been duly recorded and entered
as a lien against land ‘must be accorded its legal effect until it is satisfied by
payment (see § 55.141, Fla....
CopyPublished | District Court of Appeal of Florida | 14 Fla. L. Weekly 1760, 1989 Fla. App. LEXIS 4204, 1989 WL 81820
...The trial court denied appellant’s motions to vacate the satisfaction of judgment, to award appellant post-judgment attorney’s and receiver’s fees and costs, and to amend the final judgment. We reverse. The appellant is entitled to receive the costs incurred in issuing the execution. Section 55.141(1), Florida Statutes (1987) provides: All judgments and decrees for the payment of money rendered in the courts of this state and which have become final, may be satisfied at any time prior to the actual levy of execution issued thereo...
CopyPublished | District Court of Appeal of Florida | 9 Fla. L. Weekly 1739, 1984 Fla. App. LEXIS 14601
...erest to the date of payment into the registry of the court and moved the trial court to enter an order satisfying the original foreclosure judgment contending that the payment into *487 the registry satisfied the original foreclosure judgment under section 55.141, Florida Statutes, and, in effect, that the trial court did not have jurisdiction to amend the original foreclosure judgment to include the additional expenses and attorney’s fees....
...However, the trial court has jurisdiction in that cause and discretion to act on the mortgagee’s motion and that jurisdiction and discretion is not divested or defeated by the payment of the sums previously adjudicated to be due under the mortgage into the registry of the court under section 55.141, Florida Statutes....
CopyPublished | District Court of Appeal of Florida | 13 Fla. L. Weekly 965, 1988 Fla. App. LEXIS 1568, 1988 WL 34012
...On July 6, 1987, the Mackays had judgment entered on the supersedeas bond and were entitled to execute on the judgment on July 16, 1987, pursuant to Florida Rule of Civil Procedure 1.550. On July 16,1987, Aegis deposited the amount due the Mack-ays into the registry of the court, pursuant to section 55.141, Florida Statutes (1987)....
...proceedings in the District Court of Appeal, Fourth District, and in the Circuit Court in and for Martin County, Florida, are hereby stayed pending disposition of the Petition for Writ of Mandamus filed herein.” The clerk of court’s duties under section 55.141, Florida Statutes (1987), are ministerial, not involving judicial “proceedings.” Thus, the stay which applied only to “proceedings” did not prevent the clerk from disbursing the funds deposited. The issue before this court is whether Aegis’ deposit acted as a satisfaction of judgment under section 55.141 despite Aegis’ actions to the contrary....
CopyPublished | Supreme Court of Florida | 33 Fla. L. Weekly Supp. 253, 2008 Fla. LEXIS 654, 2008 WL 1744599
PER CURIAM. In response to a request from the Court to study whether the Small Claims Rules should be amended in light of amendments to section 55.141, Florida Statutes, 1 the Small Claims Rules Committee (Rules Committee) adds a new committee note to Small Claims Form 7.347, Satisfaction of Judgment....
...ion: 2008 Note. This form is suggested for use by parties. To avoid possible confusion, when disbursing funds from the court registry in satisfaction of a judgment, the clerk of the court should instead use the form required by the 2005 amendment to section 55.141, Florida Statutes....
CopyPublished | Supreme Court of Florida | 35 Fla. L. Weekly Supp. 216, 2010 Fla. LEXIS 568, 2010 WL 1488111
...dgment and record the satisfaction in those counties where a certified copy of the judgment was previously recorded. Failure to do so may lead to a civil action wherein the prevailing party is entitled to recover attorneys’ fees and costs. SOURCE: Section
55.141 and
701.04 Florida Statutes (40052007) FORM NOTES ARE FOR INFORMATIONAL PURPOSES ONLY AND MAY NOT COMPLETELY DESCRIBE REQUIREMENTS OF FLORIDA LAW....
...dgment and record the satisfaction in those counties where a certified copy of the judgment was previously recorded. Failure to do so may lead to a civil action wherein the prevailing party is entitled to recover attorneys’ fees and costs. SOURCE: Section
55.141 and
701.04 Florida Statutes (49952007) *541 FORM NOTES ARE FOR INFORMATIONAL PURPOSES ONLY AND MAY NOT COMPLETELY DESCRIBE REQUIREMENTS OF FLORIDA LAW....
CopyPublished | Florida 4th District Court of Appeal | 1991 Fla. App. LEXIS 3074, 1991 WL 50147
...4th DCA 1988), stands for the proposition that a satisfaction of judgment cannot be entered before the time for appeal has passed. Although Porter is factually distinguishable, the court held: We reverse the order denying appellant’s motion to vacate the satisfaction of judgment entered per section 55.141, Florida Statutes (1987). Section 55.141, Florida Statutes (1987) requires a judgment to be final before it can be satisfied by a deposit in the court registry....
