CopyCited 17 times | Published | Florida 1st District Court of Appeal | 1991 WL 147141
...arbitration awards and the judgments entered thereon constitute valid liens on certain real estate Jones owns in Levy County by virtue of their having been filed and recorded there under the Florida Enforcement of Foreign Judgments Act, §§
55.501-
55.509, Florida Statutes (1989)....
...One final argument by appellees needs to be addressed. They contend that when the California judgments were recorded in the Levy County public records Jones did not attack the validity of the foreign judgments within 30 days as required, they argue, by section 55.509, Florida Statutes (1989)....
...Section
55.505(3) of the Act provides that no execution or other process for enforcement of a foreign judgment shall issue until thirty days after the mailing of the notice. Section
55.507 of the Act provides that the foreign judgment shall not operate as a lien until thirty days after the mailing of the notice. Section
55.509 provides that if the judgment debtor collaterally attacks the foreign judgment within thirty days of the recording of the foreign judgment, the court shall stay enforcement of the foreign judgment and the judgment lien upon the filing of the action....
CopyCited 7 times | Published | Florida 4th District Court of Appeal | 1993 WL 20433
...On April 5, 1991, the former wife filed a petition for writ of execution, alleging that the former husband failed to contest the jurisdiction of the court that entered the foreign judgment within thirty (30) days of the date of recording the judgment, pursuant to section 55.509....
...At that time he filed a "motion to set aside default, if any," [1] an answer responding to the recording of the foreign judgment, a motion to stay execution against his homestead property, and a petition to contest the validity of the foreign judgment pursuant to section 55.509(1)....
...not considered to be in default at this time. The Former Husband shall have the right to file a responsive pleading within 10 days of the date of the entry of this order." Further, the court determined that "the matters contained in Florida Statute 55.509(2) which may require the posting of a bond is (sic) not appropriate in this circumstance and as such the court does not require the posting of any security as a result of this order." The former wife's points on appeal present two issues: 1) T...
...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....
...matic stay period, does not have the effect of staying enforcement of the judgment. Nor does it appear from the record that the former husband has shown the circuit court "any ground upon which enforcement of [the] judgment ... would be stayed... ." § 55.509(2). Therefore enforcement of the foreign judgment is not stayed, and the question of whether the former husband is required to post a bond pursuant to section 55.509(2), Florida Statutes (1989), is not implicated unless and until he seeks and is granted a stay of the enforcement proceedings....
CopyCited 5 times | Published | Florida 4th District Court of Appeal | 2004 Fla. App. LEXIS 15892, 2004 WL 2387727
...Thus, Whipple did not litigate the issue of the validity of the service of process either in person or otherwise. JSZ's second argument in support of waiver is that Whipple failed to object to the foreign judgment within thirty days after it was recorded in Florida; therefore, pursuant to section 55.509, Florida Statutes (1995), the issue has been waived. Section 55.509, "Stay of enforcement of foreign judgment," states: (1) If, within 30 days after the date the foreign judgment is recorded, the judgment debtor files an action contesting the jurisdiction of the court which entered the foreign judgment...
...ment of any circuit or county court of this state would be stayed, the court shall 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. § 55.509, Fla....
...This court has expressly held that the thirty-day time period applies only to the issuance of a stay of enforcement of the judgment and does not require that a collateral attack be instituted within thirty days or be forever barred. See Nichols v. Nichols,
613 So.2d 137, 138 (Fla. 4th DCA 1993)(section
55.509, Florida Statutes, means only that if the debtor does not collaterally attack the foreign judgment within thirty days, it operates as a lien and the judgment creditor may proceed to enforce it)....
CopyCited 4 times | Published | Florida 2nd District Court of Appeal | 2008 WL 4568684
...this foreign judgment in Sarasota County, Florida, pursuant to section
55.501. Mr. Zitani was provided with notice of the recording. He did not file an action within thirty days contesting the enforcement of this judgment in Florida as authorized by section
55.509....
CopyCited 4 times | Published | Florida 4th District Court of Appeal | 1991 WL 117031
...ial 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. These actions were accompanied by the notices of lis pendens required by section
55.509(1). Respondents then moved to stay the enforcement of the New Jersey judgments in Florida, and any judgment liens resulting from the recordation here, without the security of bonds. They argued that section
55.509(1) entitled them to a stay without bond because they had furnished the notices of lis pendens. Petitioner in turn moved to require appropriate bonds as a condition of any stay. It contended that mere notices of lis pendens did not constitute compliance with section
48.23(3), Florida Statutes (1989), and subsection (2) of section
55.509 which, it argued, controlled the issue....
...The central question to certiorari review is whether the judgment creditor can have effective review of the issue after a final judgment or order is entered in the proceeding and plenary review is taken. In this case, we do not see how the creditor could have meaningful review of an order denying a bond in a proceeding under section 55.509 if consideration had to await the final judgment. Under the statutory scheme here, the debtor gets a stay merely by filing the section 55.509 contest of the foreign judgment and notice of lis pendens but, without a bond, is free meanwhile to dispose of Florida assets....
...t here in the first place. It thus seems to us that certiorari is indispensable in this situation. Turning now to the real issue dividing the parties, we see it as one of statutory construction. Hence we first look at the text of the statute itself: 55.509 Stay of enforcement of foreign judgment....
...y 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. As we see it, this case is concerned with the interplay of these two subsections. [2] Section 55.509 was first adopted in 1984....
...n on all real property of the judgment debtor located in the county. See §
55.10(1), Fla. Stat. (1989). Section
55.505(3), however, immediately stops the judgment creditor from initiating foreclosure of that judgment lien, when the debtor files the section
55.509 contest action....
...ndering state, or where other legal or equitable grounds exist. Hence the legislature and drafters of the uniform act each included stay provisions. The fact that the stay provision in the uniform act expressly deals with stays pending appeal, while section 55.509 fails to mention the subject, does not yield the conclusion that the Florida legislature intended as a routine matter to allow stays without bond when the foreign judgment is recorded here. Rather, we think that subsection (2) of section 55.509 is broad enough to deal with the "pending appeal" situation of section 4(a) of the uniform act, as well as the "other ground" for stay of section 4(b). The words "any ground upon which enforcement of a judgment of any circuit or county court of this state would be stayed" in section 55.509(2) as we see it encompass supersedeas or stays pending review under rule 9.310, Florida Rules of Appellate Procedure, as well as any other recognized legal or equitable basis for suspending the effectiveness of a final judgment. In short, section 4(a) and (b) of the uniform act have been compressed by our legislature into section 55.509(2)....
...Correspondingly, it gives the judgment creditor less. We are unable to square that result with the constitutional command of full faith and credit, or with the statutory purpose of speedy and economical enforcement. We therefore reverse the trial judge's denial of a bond as a condition of the section 55.509 stay and remand this cause to him for the entry of orders requiring bonds in the appropriate amounts....
...sey court stay execution, at least without posting a bond, on those judgments. [2] As will become apparent, we do not see section
48.23(3), Florida Statutes (1989), as the controlling statute here. Instead we conclude that the specific provisions of section
55.509 control the bond issue, as well as the duration of the stay....
CopyCited 4 times | Published | Florida 1st District Court of Appeal | 13 Fla. L. Weekly 258, 1988 Fla. App. LEXIS 205, 1988 WL 3769
...The developer, appellant, appealed the Alabama trial court's decision but did not obtain a supersedeas bond. The buyers filed suit in Florida, seeking to make their Alabama judgment a Florida judgment and to execute on it. N & C filed a petition to stay enforcement of the foreign judgment, pursuant to section 55.509, Florida Statutes....
CopyCited 3 times | Published | Florida 5th District Court of Appeal | 2006 Fla. App. LEXIS 18452, 2006 WL 3102275
...On the contrary, the judgment creditor must simply record the foreign judgment in the clerk's office, at which point the clerk sends notice of the recording to the judgment debtor. §§
55.503(1), .505(2), Fla. Stat. (2005). Then, the judgment debtor may file suit contesting enforcement. §
55.509(1), Fla....
CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 1989 WL 29033
...judgments. Under the Act, a judgment creditor may record the foreign judgment without filing an action to enforce it. The judgment debtor may then file an action to challenge jurisdiction of the foreign court or the validity of the foreign judgment. § 55.509(1), Fla....
CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 1994 WL 84103
...On August 8, 1990, pursuant to section
55.505, Florida Statutes (1989), the circuit court clerk mailed the required *64 notice of recording, and that notice was received by the Soltesizes on August 11, 1990. Attempting to utilize the provisions of section
55.509(1), Florida Statutes (1989), the Soltesizes, on September 4, 1990, filed a "countercomplaint" seeking declaratory and injunctive relief....
...re closing on their mortgage loan on August 15, 1990. During January 1992, the Soltesizes contracted to sell their Sarasota condominium and requested Dollar to release its foreign judgment lien. Dollar refused. The Soltesizes, in their still-pending section 55.509 declaratory judgment action, then filed an emergency motion to determine lien priority....
...nett secured by a second mortgage on their Sarasota condominium. 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....
...e 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. The enforcement of that lien must await the expiration of the thirty-day period established in sections
55.507 and
55.509 or the culmination of any action filed pursuant to section
55.509....
...However, the body of section
55.507 does not use the term "effective" but substitutes the term "operate" when it provides that "a foreign judgment does not operate as a lien until 30 days after the mailing of the notice by the clerk. When an action authorized in s.
55.509(1) is filed, it acts as an automatic stay of the effect of this section." (Emphasis supplied.) It is significant to us that section
55.507 does not state that the recorded foreign judgment shall not be a lien until thirty days after the mailing of the notice....
...from the immediately preceding section
55.505(3), which states: "No 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. When an action authorized in s.
55.509(1) is filed, it acts as an automatic stay of the effect of this section." (Emphasis supplied.) We conclude that the "automatic stay of the effect of this section" provided in both sections
55.505(3) and
55.507 is a further stay (or extension) of the thirty-day hiatus for enforcement until the culmination of the
55.509 action. Strangely enough, section
55.509, in speaking to an action filed thereunder, provides that "the Court shall stay enforcement of the foreign judgment and the judgment lien upon the filing of the action by the judgment debtor." (Emphasis supplied.) It seems to add to the confusing nature of the various statutory provisions to provide for a courtordered stay in section
55.509 when an automatic stay, based upon the same events, has been provided for in sections
55.505(3) and *66
55.507. Perhaps the legislative intent that there be a lien of a foreign judgment upon its recording pursuant to chapter 55 that is not enforceable until later is best evidenced by section
55.509(2), which provides: (2) If the judgment debtor shows the circuit or county court any ground upon which enforcement of a judgment of any circuit or county court of this state would be stayed, the court shall stay enforcement of the fore...
...judgment which is required in this state. (Emphasis supplied.) If there was no intent that a recorded foreign judgment should 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)....
...r sections of chapter 55 to "enforcement" as the term of art. An interpretation that a recorded foreign judgment did not become a lien for the purpose of determining its priority until after the thirty-day notice period or after the culmination of a 55.509 action filed by the judgment debtor would enable the judgment debtor to determine priorities among creditors by choosing or not to file such an action....
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 2008 WL 1958692
...ign judgment or the validity of the foreign judgment and records a lis pendens directed toward the foreign judgment, the court shall stay enforcement of the foreign judgment and the judgment lien upon the filing of the action by the judgment debtor. § 55.509(1), Fla....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 1998 WL 374718
...Cola,
401 So.2d 871 (Fla. 4th DCA 1981). The court failed to consider the personal representative's need to object to the judgment itself. There are many legitimate reasons why a personal representative might reasonably choose to object to a claim based on a judgment. Cf. §
55.509, Fla....
CopyCited 2 times | Published | Florida 1st District Court of Appeal | 1992 WL 387427
...Within 30 days of recordation, Expedia filed an action in circuit court for Duval County contesting the validity of McKenney's foreign judgment, along with a notice of lis pendens directed at the foreign judgment. The action, which was brought pursuant to section 55.509(1), Florida Statutes (1991), effectively stayed the enforcement of McKenney's foreign judgment. McKenney's denied the material allegations of Expedia's complaint, and filed a motion to require that Expedia post a bond to secure the foreign judgment. After a hearing on McKenney's motion, "and after considering section 55.509(2), Florida Statutes," the trial court ordered Expedia to post a security bond within ten days....
...Twenty *99 days later, when Expedia still had not filed the security bond, the trial court dissolved the notice of lis pendens and dismissed Expedia's complaint. This appeal followed. On appeal, the parties' arguments confirm that the issue involves the proper interpretation of section 55.509 and, specifically, whether and to what extent the two subsections of the statute are interrelated. Thus, Expedia argues that it was entitled to a stay of enforcement upon filing its action under section 55.509(1), which stay was mandatory and without the condition that the judgment debtor post a security bond. Expedia concedes that section 55.509 may require security for stays of enforcement described in subsection (2), but it maintains that no such requirement applies to stays obtainable under subsection (1), which is the only subsection relevant to the instant case....
...(1). In support of its position, McKenney's cites SCG Travel, Inc. v. Westminster Financial Corp.,
583 So.2d 723 (Fla. 4th DCA 1991), which case Expedia attempts to distinguish. The statute which we are called upon to interpret, provides as follows:
55.509 Stay of enforcement of foreign judgment....
...ment of any circuit or county court of this state would be stayed, the court shall 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. § 55.509, Fla....
...There the judgment creditor had obtained default judgments in New Jersey which it subsequently caused to be recorded in Palm Beach county. Although the judgment debtor perfected an appeal in New Jersey, it was unable to obtain a stay from the New Jersey court. Resorting to section 55.509(1), the judgment debtor filed an action in Palm Beach county contesting the validity of the judgments. Thereafter, the parties took positions identical to those espoused in the instant case the judgment debtor seeking a stay without bond based upon section 55.509(1), and the judgment creditor responding that subsection (2) of the statute required security....
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 1998 WL 31451
...This cause is before us on certiorari review of the trial court's order denying Petitioner's "Motion to Quash [Respondent's] Foreign Judgment." The trial court ruled that Petitioner's motion was premature because he had not yet posted bond in accord with section
55.509, Florida Statutes. The trial court did not depart from the essential requirements of law in denying Petitioner's motion. See Adelman Steel Corp. v. Winter,
610 So.2d 494, 496 (Fla. 1st DCA 1992). Section
55.509, Florida Statutes, provides Stay of enforcement of foreign judgment....
...court of this state would be stayed, the court shall 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. Section
55.505(3), Florida Statutes, provides that "[w]hen an action authorized in s.
55.509(1) is filed, it acts as an automatic stay...." Subsection (3), therefore, "immediately stops the judgment creditor from initiating foreclosure of judgment lien, when the debtor files a section
55.509 contest action." SCG Travel, Inc....
...and Trust Co. v. Soltesiz,
636 So.2d 63, 65 (Fla. 2d DCA 1994) ("We conclude that the `automatic stay ...' provided in both sections
55.505(3) and
55.507 is a further stay (or extension) of the thirty-day hiatus for enforcement until the culmination of the
55.509 action."). This court held that a stay granted under either section
55.509(1) or subsection (2) requires a bond. Expedia, Inc. v. McKenney's, Inc.,
611 So.2d 98, 100 (Fla. 1st DCA 1992) (this court stating that "the instant case, like SCG Travel, `concern[s]... the interplay of [sections
55.509(1) and (2) ]'
583 So.2d at 725, and that a feature of this interplay includes the furnishing of security as described in subsection (2) for stays of enforcement obtainable upon the filing of a validity challenge under subsection (1)."). Here, Petitioner responded to Respondent's foreign judgment recordation by filing an "action" within 30 days "pursuant to §
55.509," claiming that the judgment was invalid, and by simultaneously filing a lis pendens. Petitioner's filing of the action under section
55.509 would have automatically stayed Respondent's attempt to foreclose, but for Petitioner's failure to post bond. Because Petitioner failed to post bond, his section
55.509 action is ineffective and subject to dismissal....
CopyPublished | District Court of Appeal of Florida
retry the foreign court’s findings of fact. See §
55.509, Fla. Stat. Here, the trial court initiated
CopyPublished | District Court of Appeal of Florida | 1987 Fla. App. LEXIS 8929, 12 Fla. L. Weekly 1516
PER CURIAM. Affirmed. See section
55.509(1), Florida Statutes (1985); Dusesoi v. Dusesoi, 498 So.2d
CopyPublished | Florida 4th District Court of Appeal | 2005 Fla. App. LEXIS 4664, 2005 WL 767085
...ere, the Iowa judgment was entered against appellant by default. He did not appear, answer or contest jurisdiction. He is, therefore, entitled to now raise the issue of whether the Iowa court had personal jurisdiction over him." [c.o.] Id.; see also § 55.509(1), Fla....
