Florida/Georgia Personal Injury & Workers Compensation

...er the Act would be an "action on a judgment" within the meaning of section 95.11(2)(a). On the one hand, one function of the common law action was to domesticate a foreign judgment. See, e.g., Sammis v. Wightman, 31 Fla. 10, 12 So. 526, 530 (1893). Section 55.502(4) provides that nothing in the Act "shall be construed to alter, modify, or extend the limitation period applicable for the enforcement of foreign judgments." On the other hand, as we noted in Muka, registration under the Act does not create a new judgment which starts the limitation period anew....

...es. The UEFJA does not contain the "enforceable where rendered" language that is a part of the UFMJRA, but simply says once a foreign judgment is recorded pursuant to the act, that judgment shall be treated as a judgment of this state. Additionally, section 55.502(4) states specifically, "Nothing contained in this act shall be construed to alter, modify, or extend the limitation period applicable for the enforcement of foreign judgments." §§ 55.501-55.509, Fla....

...The lien can then be extended by re-recording for up to twenty years from the date of the judgment. Until 1994, the FEFJA only applied to judgments obtained from other states. In 1994, it was amended to also apply to judgments of the United States District Courts. § 55.502, Fla....

...[21] Although the UFMJRA lacks this provision, the alternative means of enforcing a foreign judgment clearly remains open to a holder of a judgment rendered in a foreign country, *1169 since the UFMJRA only encompasses money judgments. Florida's UEFJA also expressly provides in section 55.502(4) that "nothing contained in this act shall be construed to alter, modify, or extend the limitation period applicable for the enforcement of foreign judgments." This is a non-uniform provision added by the Florida Legislature. The UFMJRA lacks that provision. What the Legislature intended by section 55.502(4) is not clear....

...[15] Adolf Homburger, Recognition and Enforcement of Foreign Judgments, 18 AmJ. Comp.L., 396 (1970). [16] 13 U.L.A. 265 (1986) (Comment to § 3). [17] Adolf Humberger, Recognition and Enforcement of Foreign Judgments, 18 AmJ. Comp.L. 396, 400. [18] § 55.502(3), Fla.Stat.; Uniform Enforcement of Foreign Judgments Act, 1964 Revised Act, Commissioners' Prefatory Note, 13 U.L.A....

...Petroleum, Inc. v. Clements, 127 Idaho 119, 898 P.2d 50 (Id.1995) (forum state refused to enforce a renewed foreign judgment which had been revived in rendering state when original judgment was barred by foreign state's statute of limitations). [20] § 55.502(1), Fla.Stat. [21] § 55.502(2), Fla.Stat....

..., also provide that a foreign judgment sought to be enforced must be entitled to full faith and credit in this state and no provision in the statute shall extend the statutes of limitation period applicable for the enforcement of a foreign judgment. § 55.502(1) and (4)....

...It is thus critical that the French judgment in Credit Lyonnais was still enforceable in the jurisdiction that rendered it, unlike the federal judgment we confront in this case. Also, as the Credit Lyonnais court itself noted, FUOMRA lacks a counterpart to FEFJA section 55.502(4) which provides that: "Nothing contained in this act shall be construed to alter, modify, or extend the limitation period applicable for the enforcement of foreign judgments." The judgment debtor in this case argues that registration...

...benefits of holding an actual judgment rendered by the second forum instead of relying solely on the judgment of the original forum. In our opinion, it was precisely these distinctions that the Florida legislature was attempting to preserve in FEFJA section 55.502(4) in providing that "[n]othing contained in this act shall be construed to alter, modify, or extend the limitation period applicable for the enforcement of foreign judgments." In the context we face today, revival of the dormant judgment is akin to bringing an entirely separate action on a judgment....

...This case raises an issue of first impression in Florida. [2] The Florida Legislature *422 adopted the Uniform Enforcement of Foreign Judgments Act in 1984 as Florida Statutes § 55.501, et seq. However, the legislature added a non-uniform provision in Section 55.502(4): "Nothing contained in this act shall be construed to alter, modify, or extend the limitation period applicable for the enforcement of foreign judgments." Given the lack of definitive Florida case law on this particular issue, the Court is compelled to interpret Section 55.502(4) according to its "plain language." If other courts have held a forum state's statute of limitations inapplicable where the state had adopted the Uniform Act as drafted, then surely this Court should do so where the Florida legislature has added a non-uniform provision that seems to mandate such a ruling....

...413.090. The limitations period ran on December 7, 1998, and the judgment is therefore uncollectible. For the foregoing reasons, it is hereby ORDERED that the Plaintiff's Motion For Summary Judgment is granted. NOTES [1] Similarly, Florida Statutes § 55.502(2) provides: "This act shall not be construed to impair the right of a judgment creditor to bring an action to enforce his judgment instead of proceeding under this act." [2] In a recent opinion not yet released for publication, the Fourth...

...Michael, 832 So.2d at 217. In fact, our legislature has made this very distinction. The FEFJA "shall not be construed to impair the right of a judgment creditor to bring an action to enforce his or her judgment instead of proceeding under [FEFJA]." § 55.502(2), Fla....

...The Objection raised by the Debtors involves the interpretation and application of two Florida Statutes because both the State Court and Bankruptcy Court judgments at issue originated in Maine. Thus, they are defined as foreign judgments under Florida law. See Fla. Stat. Ch.'s 55.502(1); 95.11(2)(a)....

...Fla. Stat. Ch.'s 55.501-55.509(2004). The statute directs courts to interpret and construe the FEFJA ". . . to effectuate its general purpose to make uniform the law with respect to the subject of this act among states enacting it." Fla. Stat. Ch. 55.502(2004)....

...Florida adopted a non-uniform clause in the FEFJA, which provides with reference to construing the Act, "(4) nothing contained in this act shall be construed to alter, modify, or extend the limitation period applicable for the enforcement of foreign judgments." Fla. Stat. Ch. 55.502(4)(2004). The Debtor urges the Court must interpret the non-uniform language *332 in Fla. Stat. Ch. 55.502(4) as an express five year limit on the rights of Claimants to enforce their judgment under FEFJA....

...This Court relies on this well researched and detailed opinion as the most accurate expression of the history and policy behind the FEFJA, and shall not seek to restate the same history and issues here. In analyzing the FEFJA, the Fifth District Court of Appeals commented on the non-uniform provision found in Fla. Stat. Ch. 55.502(4), [5] stating: What the Legislature intended by section 55.502(4) is not clear....

...issue, the Court finds the more accurate interpretation of the non-uniform FEFJA provision appears in the emphasized portion of the above quote. This Court is satisfied that the language limiting construction of the FEFJA expressed in Fla. Stat. Ch. 55.502(4) refers to the Statute of Limitation applicable to a party's ability to bring a common law action on to enforce a judgment, which right is expressly preserved in Fla. Stat. Ch. 55.502(2)....

...The policy in question is expressed in the language of the FEFJA itself, to wit "(3) This act shall be interpreted and construed to effectuate its general purpose to make uniform the law with respect to the subject of this act among states enacting it." Fla. Stat. Ch. 55.502(3)....

...Florida state court judgment is not necessary or warranted. See, e.g., St. Paul Fire and Marine Ins. Co. v. Alford, (In re Alford), 308 B.R. 563, 568 (Bankr.S.D.Ala.2002)(holding five year limitation applies due to "plain language" of Fla. Stat. Ch. 55.502(4), though so holding "seems to be at odds with the purpose of the Act")(interpreting Nadd cases as applicable only to UFMJRA)....

...Accordingly, the twenty year statute of limitation period found in Fla. Stat. Ch. 95.11(1) applies to enforcement of the Claimants' domesticated judgments. Accord In re Conrad, 252 B.R. 559, 562 (Bankr.M.D.Fla.2000). The Court reiterates its finding that Fla. Stat. Ch. 55.502(4) applies to actions brought *334 on a judgment, and does not require application of the five year statute of limitation found in Fla....

...[5] There is no provision found in the UFMJRA to correspond to the FEFJA non-uniform provision. [6] "(2) This act shall not be construed to impair the right of a judgment creditor to bring an action to enforce his or her judgment instead of proceeding under this act." Fla. Stat. Ch. 55.502(2)(2004).

...ause Thompson should have been required to pursue her remedies under URESA. We disagree. The trial court permitted Thompson to proceed under Florida's Uniform Enforcement of Foreign Judgments Act, sections 55.501-55.509, Florida Statutes (1995). [3] Section 55.502(1) defines the term foreign judgment as any judgment, decree, or order of a court of any state or of the United States if such judgment, decree, or order is entitled to full faith and credit in this state....

...nged version. From a comparison of the uniform act and the Florida version, we think it is all but incontestable that our legislature intended to adopt the uniform act with slight variations in text but not in purpose. This is made manifest to us by section 55.502(3), Florida Statutes (1989), which says: "This act shall be interpreted and construed to effectuate its general purpose to make uniform the law with respect to the subject of the act among the states enacting it." The enforcement of foreign judgments is not a matter of mere grace....

interwoven and one cannot be had without the other. Section 55.502, Florida Statutes (2008), defines “foreign

...From the record, it does not appear that the former wife sought to domesticate the New Jersey decree pursuant to the Florida Enforcement of Foreign Judgments Act, sections 55.501-55.509, Florida Statutes (2000). However, the Act does not preclude a common law action to enforce a final judgment; section 55.502(2) provides that the Act "shall not be construed to impair the right of a judgment creditor to bring an action to enforce his or her judgment instead of proceeding under this act." See Le Credit Lyonnais, S.A....

judgment instead of proceeding under [the FEFJA].” § 55.502(2), Fla. Stat. (2008). In order to render a foreign

...[§§ 55.501-.509, Fla. Stat. (1985)]. The circuit court below dismissed this notice upon motion of the judgment debtor [Panelfab International Corporation] on the ground that "[T]he definition of `[f]oreign [j]udgment' contained in Florida Statute Section 55.502(1) does not include... the [j]udgment from the United States District Court for the District of Puerto Rico which is the subject of this action... ." We agree and affirm. Section 55.502(1), Florida Statutes (1985), specifically defines the term "foreign *168 judgment," which the Florida Enforcement of Foreign Judgments Act governs, as "any judgment, decree, or order of a court of any other state if such judgment, decr...

...Moreover, our review of the legislative history of the Florida Act reveals a conscious legislative intent to delete the above provision from the uniform act so as to cover the judgments of state courts, but not those of federal courts. We therefore agree with the trial court that Section 55.502(1), Florida Statutes (1985), does not embrace a federal court judgment and, therefore, the subject judgment herein could not be domesticated in Florida pursuant to the Florida Enforcement of Judgments Act....

...n Judgments Act (1964), 13 U.L.A. 152. Unfortunately, because subsection (1) of the provision is unique to the Florida Act, no insight can be gleaned from the Act's directive that its provisions be interpreted in accordance with the Uniform Act. See § 55.502(3), Fla....

meaning of a "foreign judgment,” defined in section 55.502(1), Florida Statutes (2007) to mean "any judgment

entitled to full faith and credit in this state.” § 55.502(1), Fla. Stat. (2009). The use of the terms “decree”

domesticate a judgment. See id at 316 (quoting § 55.502(2), Fla. Stat. (2013)) (stating that the FEFJA

...See In re Goodwin, 325 B.R. 328, 330 (Bankr. M.D. Fla. -2- 2005). FEFJA provides a procedure so that out-of-state foreign judgments will be given full faith and credit by the courts of Florida. See id.; see also § 55.502(1); Fazzini v. Davis, 98 So....

...2d 864, 866 (Fla. 4th DCA 2005); Michael, 832 So. 2d at 216-17. FEFJA specifically recognizes that it does not impair a judgment creditor's right to bring an action on a foreign judgment rather than to domesticate it through registration under FEFJA. See § 55.502(2)....

...nty-year statute of limitations for an action on a Florida judgment applies. See § 95.11(1). -4- Patrick contends that a different result is required by a nonuniform provision of FEFJA contained in section 55.502(4). Section 55.502 provides as follows: 55.502 Construction of act....

...-5- FEFJA "the foreign judgment becomes a Florida judgment and is then subject to the Florida statute of limitations for Florida judgments"). In Nadd, the Fifth District stated that one interpretation of section 55.502(4) is that section 95.11(2)(a), the five-year statute of limitations on an action on a foreign judgment, "remains as a bar to suits brought under the common law mode of enforcement, having referenced that remedy in a closely preceding provision." 741 So. 2d at 1169....

...d. Furthermore, "[p]ermitting strained readings which obviate the clear language providing a judgment, once domesticated, shall be treated in the same manner as a Florida state court judgment is not necessary or warranted." Id. But section 55.502(4) has also been interpreted "according to its 'plain language' " to refer to the limitation period in the state rendering the foreign judgment. See In re Tranter, 245 B.R....

...And relying on the reasoning in In re Goodwin and Koch, the First District determined that Florida's twenty-year statute of limitations applied to a Nevada judgment domesticated in Florida under FEFJA. Desert Palace, Inc. v. Wiley, 145 So. 3d 946, 948 (Fla. 1st DCA 2014). We agree that, as worded, section 55.502(4) applies to Florida's five-year statute of limitations applicable to actions to enforce a foreign judgment referenced in subsection (2) of the same section, not the varied statutes of limitation in states around the country....

...f a Florida circuit or county court. Id. A "foreign judgment" is defined as "any judgment, decree, or order of a court of any other state or of the United States if such judgment, decree, or order is entitled to full faith and credit in this state." § 55.502(1)....

action on a foreign judgment” and “as worded, section 55.502(4) applies to Florida’s five-year statute of

interchangeably for procedural matters, see, e.g., § 55.502(1), Florida Statutes (2016) (" ‘[Fjoreign judgment’

...ir policy. Notably, in chapter 55, Florida Statutes (2006), regarding judgments, the legislature distinguishes between "foreign judgments," which it defines as a "judgment, decree, or order of a court of any other state or of the United States," see § 55.502(1), and "out of country foreign judgments" that are obtained from "foreign states," see § 55.602....

...ment of Foreign Judgments Act (UEFJA). See In re Goodwin, 325 B.R. 328, 330 (Bankr. M.D. Fla. 2005). FEFJA provides a procedure so that out-of-state foreign judgments will be given full faith and credit by the courts of Florida. See id.; see also § 55.502(1); Fazzini v. Davis, 98 So....

...2d 864, 866 (Fla. 4th DCA 2005); Michael, 832 So. 2d at 216-17. FEFJA specifically recognizes that it does not impair a judgment creditor's right to bring an action on a foreign judgment rather than to domesticate it through registration under FEFJA. See § 55.502(2)....

...nty-year statute of limitations for an action on a Florida judgment applies. See § 95.11(1). -4- Patrick contends that a different result is required by a nonuniform provision of FEFJA contained in section 55.502(4). Section 55.502 provides as follows: 55.502 Construction of act....

...-5- FEFJA "the foreign judgment becomes a Florida judgment and is then subject to the Florida statute of limitations for Florida judgments"). In Nadd, the Fifth District stated that one interpretation of section 55.502(4) is that section 95.11(2)(a), the five-year statute of limitations on an action on a foreign judgment, "remains as a bar to suits brought under the common law mode of enforcement, having referenced that remedy in a closely preceding provision." 741 So. 2d at 1169....

...d. Furthermore, "[p]ermitting strained readings which obviate the clear language providing a judgment, once domesticated, shall be treated in the same manner as a Florida state court judgment is not necessary or warranted." Id. But section 55.502(4) has also been interpreted "according to its 'plain language' " to refer to the limitation period in the state rendering the foreign judgment. See In re Tranter, 245 B.R....

...And relying on the reasoning in In re Goodwin and Koch, the First District determined that Florida's twenty-year statute of limitations applied to a Nevada judgment domesticated in Florida under FEFJA. Desert Palace, Inc. v. Wiley, 145 So. 3d 946, 948 (Fla. 1st DCA 2014). We agree that, as worded, section 55.502(4) applies to Florida's five-year statute of limitations applicable to actions to enforce a foreign judgment referenced in subsection (2) of the same section, not the varied statutes of limitation in states around the country....