Florida/Georgia Personal Injury & Workers Compensation

...If a collateral attack is not begun within thirty days, the judgment creditor may proceed to enforce the foreign judgment and the foreign judgment will operate as a lien. The judgment debtor is not thereafter precluded from collaterally attacking the foreign judgment. As provided by section 55.503(1) of the Act: A judgment so recorded shall have the same effect and shall be subject to the same rules of civil procedure, legal and equitable defenses, and proceedings for reopening, vacating, or staying judgments, and it may be enfo...

...After both appeals were filed, Appellant moved to relinquish jurisdiction and stay this appeal because the underlying California judgment was reversed upon appeal. Thus appellant could now move pursuant to Florida Rule of Civil Procedure 1.540(b) to vacate what is now a Florida judgment. § 55.503, Fla....

...Once the FEFJA was adopted, it provided a simplified alternative procedure for domesticating a foreign judgment. A creditor with a foreign judgment only had to record a copy of the judgment with a circuit court in Florida and the judgment would be treated as if it was a Florida judgment. § 55.503, Fla....

...Since 1994, creditors with federal judgments can simply record a copy of the judgment in the circuit court of any county in Florida and it will be given the same effect as a judgment obtained in Florida. They no longer have to file a separate action to domesticate the judgment. § 55.503, Fla....

...a final judgment). Section 55.505, Florida Statutes, sets forth the procedures by which a judgment may be recorded. Section 55.507 provides that the foreign judgment becomes a lien thirty days after mailing of the notice required by section 55.505. Section 55.503 allows for the recording of a certified copy of any foreign judgment and provides that any judgment so recorded shall have the same effect of a judgment of a Florida court....

...ecognized, but it may be attacked for either lack of jurisdiction or extrinsic fraud. Hinchee v. Golden Oak Bank, 540 So.2d 262 (Fla. 2d DCA 1989). The validity of the foreign judgment must be analyzed under the law of the foreign state. Id. at 263. Section 55.503(3) provides in pertinent part that "[n]o execution or other process for enforcement of a foreign judgment recorded hereunder shall issue until 30 days after the mailing of notice by the clerk [to the judgment debtor]," and section 55.509 provides for an action to challenge the validity of the foreign judgment....

...dismiss and provided the court with a memorandum of law on the issue. Friona then filed a motion for summary judgment. The court granted the motion for summary judgment and found: 1. [A] New York Transcript of Judgment meets the requirements of *866 § 55.503 requiring that a certified copy of a Final Judgment be recorded, and; 2....

...The Statute of Limitations for enforcement actions on the NYS judgment in this cause is five (5) years.... 3. The Statute of Limitations has run on the enforcement of the judgment in Florida.... We agree the New York Transcript meets the requirements of section 55.503, Florida Statutes (2002)....

...be deemed to have obtained judgment against the taxpayer for the tax or other amounts"). [2] The FEFJA affords any person with a foreign judgment against a resident of this state the right to the judgment in the "office of the clerk of the circuit court of any county" in this state. See § 55.503(1), Fla....

...By its very terms, the foreign judgment statute is applicable to any judgment, decree or order, and has been applied in the context of a foreign divorce decree. See Nichols v. Nichols, 613 So.2d 137 (Fla. 4th DCA 1993) (New York divorce decree domesticated in Florida under the provisions of section 55.503)....

...or several million dollars. The defaults apparently resulted because respondents failed to appear at a pre-trial conference and failed to comply with a discovery order. [1] Petitioner then recorded the New Jersey judgments in Palm Beach county under section 55.503, Florida Statutes (1989), whereupon respondents filed actions in the circuit court here under section 55.509, Florida Statutes (1989), contesting the validity of the New Jersey judgments under the United States Constitution....

...new and separate action on the foreign judgment is required *726 for enforcement. See Eschenhagen v. Zika, 144 Ariz. 213, 696 P.2d 1362 (App. 1985). Under the Florida recordation scheme, the foreign judgment is recorded with the local land records. § 55.503(1), Fla....

...Bennett and Laura Bennett (the "Bennetts") obtained an Alabama final money judgment against Leon C. Baker ("Baker"). The Bennetts filed and recorded a certified copy of the judgment with the Clerk of the Circuit Court of Palm Beach County as authorized by section 55.503, Florida Statutes....

...Whiteside, Cohn & Cohn, P.A., Tampa, for appellee Barnett Bank of Southwest Florida. CAMPBELL, Judge. These consolidated appeals emanate from two circuit court decisions holding that appellant, Dollar Savings and Trust Company's (Dollar), foreign judgment, recorded pursuant to section 55.503, Florida Statutes (1989), was subordinate and inferior to the subsequently executed and recorded second mortgage of appellee, Barnett Bank of Southwest Florida (Barnett)....

...Barnett's mortgage was recorded within the thirty-day period following the issuance of notice of recordation of Dollar's foreign judgment. While Dollar raises several issues in these appeals, the overriding question is whether the date of recording of a foreign judgment pursuant to section 55.503 determines that judgment lien's priority in regard to subsequently recorded liens....

...Following a default by P.T.M., Inc. and the Soltesizes, on July 17, 1990, an Ohio Court of Common Pleas entered judgment for Dollar against P.T.M., Inc. and the Soltesizes for $2,300,000. Dollar then recorded the Ohio judgment in Sarasota County on August 6, 1990, pursuant to section 55.503....

...The Soltesizes sought a determination that the Ohio judgment was inferior to the Barnett second mortgage because that mortgage was recorded while the Ohio judgment was under an alleged section 55.509(1) challenge. The trial court rendered a final order that recognized the inconsistency between sections 55.503(1) and 55.507, Florida Statutes (1989), but determined that the Ohio judgment was subordinate to the Barnett second mortgage because the Barnett mortgage was recorded within the thirty-day period....

...ys from the date of the mailing of the notice required by section 55.505 by the circuit court clerk. As we earlier observed, the central and controlling issue framed by these appeals is whether the date of recording of a foreign judgment pursuant to section 55.503 determines that judgment's priority and, consequently, whether the date for determining priority may be different from the date such a judgment becomes enforceable as a lien....

...While various sections of chapter 55 may appear to lead to contrary results, we are required to interpret those provisions to reach a logical result and one that will facilitate what we determine to be the intent of the legislature in its enactments. In doing so, we interpret sections 55.10, 55.502, 55.503, 55.505, 55.507 and 55.509 (§§ 55.501-55.509 are referred to as the "Florida Enforcement of Foreign Judgments Act") in a manner that establishes the priority of the lien of a judgment recorded thereunder at the moment of recording....

...d be or become a lien upon recording, there would have been no need to provide for the substitute security as is provided in section 55.509(2). That interpretation is, to us, a logical extension and verification of the clearly expressed provision of section 55.503(1), which provides that a foreign judgment properly recorded by the clerk of the circuit court "shall have the same effect and shall be subject to the same rules ......

...provides that a state judgment "becomes a lien" when a certified copy is recorded, we are constrained to interpret the provisions of chapter 55 as they relate to the recording of foreign judgments in the same manner as we are initially instructed in section 55.503....

...Nat’l Loan Acquisitions Co., 969 So.2d 467, 470 (Fla. 5th DCA 2007). The Florida Enforcement of Foreign Judgments Act (FEFJA) provides a procedure for the holder of a foreign judgment to record the judgment and enforce it in Florida courts under Florida rules as if it were a Florida Judgment. See § 55.503, Fla....

...bject to the same rules of civil procedure, legal and equitable defenses, and proceedings for reopening, vacating, or staying judgments, and it may be enforced, released, or satisfied, as a judgment of a circuit or county court of this state.” Id. § 55.503(1)....

...action, is equally meritless. Equity Bank’s actions are consistent with the Florida rules for enforcing judgments, which allow discovery requests in aid of execution. See Fla. R. Civ. P. 1.560 (allowing for discovery in aid of execution); see also § 55.503(1), Fla....

...contract lawsuit on the settlement agreement to obtain any relief. The trial court agreed and vacated both orders. This appeal followed. A foreign judgment “may be enforced, released, or satisfied, as a judgment of a circuit or county court of this state.” § 55.503(1), Fla....

...f Win-South, domestication was required as to each. WinSouth’s recording of its judgment against Richards Motors, Inc. did not serve to domesticate its judgment against John and Christopher notwithstanding there is joint and several liability. See § 55.503(1) Fla....

...Ordie Campbell appeals the order denying his motion for relief from judgment. We reverse and remand for an evidentiary hearing where, utilizing New Jersey law, the trial court should determine whether Campbell received pi’oper substitute service. See § 55.503(1), Fla.Stat....

...all requirements of the Florida Enforcement of Foreign Judgment Act (“FEFJA”). FEFJA is a simplified alternative procedure for domestication of foreign judgments. Once registered under FEFJA, a foreign judgment is treated as a Florida judgment. § 55.503, Fla....

...They assert that the Arizona judgment is subject to Florida's twenty-year statute of limitations, measured from the date the Arizona federal court rendered the judgment in 2003; thus, they argue that the Arizona judgment is still enforceable in Florida. The Hesses look to section 55.503(1) to support their argument that once a foreign judgment is registered pursuant to FEFJA Florida's twenty-year statute of limitations applies. Section 55.503(1) provides that a foreign judgment properly recorded under FEFJA "shall have the same effect and shall be subject to the same rules of civil procedure, legal and equitable defenses, and proceedings for reopening, vacating, or staying judgments, and it may be enforced, released, or satisfied, as a judgment of a circuit or county court of this state." Thus, the Hesses argue that section 55.503(1) provides that a judgment domesticated under FEFJA shall be enforced as a Florida judgment, and Florida courts have so held. See Zitani v. Reed, 992 So. 2d 403, 406 (Fla. 2d DCA 2008) (citing to section 55.503(1) and stating that a "California judgment became enforceable like any judgment entered by a circuit court in Florida"); see also Fazzini, 98 So....

...preceding provision." 741 So. 2d at 1169. The bankruptcy court in In re Goodwin found this to be "the more accurate interpretation of the non-uniform FEFJA provision." 325 B.R. at 333. That interpretation is consistent with the later provision in section 55.503(1) that a domesticated foreign judgment is to be treated like a Florida judgment....

...Appellant obtained a $64,214.91 judgment against Appellee for individual income taxes owed to Appellant. Pursuant to the Florida Enforcement of Foreign Judgments Act, sections 55.501-.509, Florida Statutes, Appellant recorded its foreign judgment in Citrus County, Florida, and notified Appellee of the recording. Section 55.503(1), Florida Statutes (2008), provides: 55.503 Recording and status of foreign judgments; fees.— (1) A copy of any foreign judgment certified in accordance with the laws of the United States or of this state *880 may be recorded in the office of the clerk of the circuit court of any county....

...is contemplated by the Florida Enforcement Foreign Judgments Act, §§ 55.501-509, Fla. Stat. (1997). That statute contemplates that Harrison as judgment creditor would file the judgment in Florida, without the necessity of filing a lawsuit, see id. § 55.503, and any litigation over the validity of the judgment would be initiated by Cutler as judgment debtor....

...that are not subject to modification. Sackler v. Sackler, 47 So.2d 292, 293 (Fla.1950); Gutz v. Manger, 498 So.2d 597, 597-98 (Fla. 2d DCA 1986). Chapter 55 sets forth the procedure for the domestication of orders entitled to full faith and credit. Section 55.503(1) provides that "[a] copy of any foreign judgment certified in accordance with the laws of the United States or of this state may be recorded in the office of the clerk of the circuit court of any county." When such a judgment is recorded, it has the same effect as a judgment of a Florida circuit or county court....

to be treated like a Florida judgment” under section 55.503(1), Florida Statutes (2012). Id. The Second

...all stay enforcement of the foreign judgment for an appropriate period, upon requiring the same security for satisfaction of the judgment which is required in this state. (Emphasis added). The above provision should also be read in pari materia with Section 55.503(1), Florida Statutes, which states in pertinent part: A [foreign] judgment so recorded shall have the same effect and shall be subject to the same rules of civil procedure, legal and equitable defenses, and proceedings for reopening, v...

circuit court or county court of this state.” § 55.503(1), Fla. Stat. (1995)(emphasis added). An order

...They assert that the Arizona judgment is subject to Florida's twenty-year statute of limitations, measured from the date the Arizona federal court rendered the judgment in 2003; thus, they argue that the Arizona judgment is still enforceable in Florida. The Hesses look to section 55.503(1) to support their argument that once a foreign judgment is registered pursuant to FEFJA Florida's twenty-year statute of limitations applies. Section 55.503(1) provides that a foreign judgment properly recorded under FEFJA "shall have the same effect and shall be subject to the same rules of civil procedure, legal and equitable defenses, and proceedings for reopening, vacating, or staying judgments, and it may be enforced, released, or satisfied, as a judgment of a circuit or county court of this state." Thus, the Hesses argue that section 55.503(1) provides that a judgment domesticated under FEFJA shall be enforced as a Florida judgment, and Florida courts have so held. See Zitani v. Reed, 992 So. 2d 403, 406 (Fla. 2d DCA 2008) (citing to section 55.503(1) and stating that a "California judgment became enforceable like any judgment entered by a circuit court in Florida"); see also Fazzini, 98 So....

...preceding provision." 741 So. 2d at 1169. The bankruptcy court in In re Goodwin found this to be "the more accurate interpretation of the non-uniform FEFJA provision." 325 B.R. at 333. That interpretation is consistent with the later provision in section 55.503(1) that a domesticated foreign judgment is to be treated like a Florida judgment....