Florida/Georgia Personal Injury & Workers Compensation

...[5] The Act replaced common law principles of comity relating to the recognition of foreign judgments. See Chabert v. Bacquie, 694 So.2d 805, 810 (Fla. 4th DCA 1997). The UFMJRA by its terms applies to foreign judgments that are final, conclusive, and enforceable where they were rendered. See § 55.603, Fla....

...ma Canal Zone, the Trust Territory of the Pacific Islands, or the Ryukyu Islands. (2) "Foreign judgment" means any judgment of a foreign state granting or denying recovery of a sum of money, other than a judgment for taxes, a fine, or other penalty. 55.603 Applicability.—This act applies to any foreign judgment that is final and conclusive and enforceable where rendered, even though an appeal therefrom is pending or is subject to appeal. 55.604 Recognition and enforcement. —Except as provided in s. 55.605, a foreign judgment meeting the requirements of s. 55.603 is conclusive between the parties to the extent that it grants or denies recovery of a sum of money....

...While the term recognition is not defined in the statute, one definition of the term offered in Black's Law Dictionary, (7th ed.1999) at page 1277, is "Confirmation that an act done by another person was authorized." Thus, the first step is simply to determine whether the foreign judgment was authorized. The language of section 55.603 makes it clear that the first question in the recognition process is whether or not the foreign judgment is "final and conclusive and enforceable" in the country where the judgment was rendered....

...olution of this case. [4] Also known as the "Uniform Out of Country Foreign Money-Judgment Recognition Act." [5] See also Annotation, Construction and Application of Uniform Foreign Money Judgments Recognition Act, 100 A.L.R.3d 792, § 2 (1980). [6] Section 55.603, Florida Statutes, states: Applicability.—This act applies to any foreign judgment that is final and conclusive and enforceable where rendered, even though an appeal therefrom is pending or is subject to appeal....

...s. 2. Burden of Proof Under the Florida Recognition Act, a foreign judgment is prima facie enforceable if it "is final, conclusive, and enforceable *1324 where rendered, even though an appeal therefrom is pending or is subject to appeal." FLA. STAT. § 55.603....

...he Act and the common law. Id. at 811. [5] *1365 1. The Requirement of a Specific Sum of Money The Uniform Act applies to "any foreign judgment that is final and conclusive and enforceable where rendered," even though an appeal therefrom is pending. § 55.603, Fla....

...In this case, the Dominican Republic sentence dated September 6, 2001 does not grant recovery of a "specific sum of money." On that basis alone, the sentence is not entitled to recognition as a "foreign judgment" under the Uniform Act. §§ 55.602, 55.603, Fla....

...ecognition, if it were a final judgment under the Uniform Act. 2. Dominican Proceeding was Contrary to Parties' Agreement The Uniform Act provides, in relevant part, " [e]xcept as provided in s. 55.605, a foreign judgment meeting the requirements of s. 55.603 is conclusive between the parties to the extent that it grants or denies recovery of a sum of money." § 55.604, Fla....

...Rather, he argued that the registration process was barred by Florida's five-year statute of limitations for bringing a suit on a foreign judgment. *1167 The UFMJRA contains no express statute of limitations. The only statute of limitations implied is the requirement of section 55.603 that the judgment sought to be recorded must be "enforceable" where rendered....

...If the foreign judgment is no longer enforceable, then registration or a common law action on a judgment ought not to be available to breathe life into a moribund decree. Muka v. Horizon Financial Corp., 766 So.2d 239, 240 (Fla. 4th DCA 2000). [1] § 95.051(a), Fla. Stat. (2001). [2] § 55.603, Fla....

...Under the applicable Florida statute, the Swiss partial judgment can be domesticated here if it is a "foreign judgment that is final and conclusive and enforceable where rendered, even though an appeal therefrom is pending or is subject to appeal." § 55.603, Fla....

...In such a situation, Florida's Uniform Out-of-country Foreign Money Judgment Recognition Act is instructive: "This act applies to any foreign judgment that is final and conclusive and enforceable where rendered, even though an appeal therefrom is pending or is subject to appeal." § 55.603, Fla....

...This is an appeal of an order which domesticates in Florida a Swiss partial final judgment in the amount of $108,315,766. Under Florida law, the Swiss judgment can be domesticated here if it is "final and conclusive and enforceable where rendered, even though an appeal therefrom is pending or is subject to appeal." § 55.603, Fla....

...I am sympathetic to the position of the heirs, who hold a large, unsatisfied judgment with appellate proceedings pending but no bond posted. Our task, however, is a narrow one. We are to determine whether the Swiss partial final judgment is enforceable in Switzerland, and thus entitled to enforcement in Florida. See § 55.603, Fla....

...conclusive and enforceable where rendered, even though an appeal therefrom is 1 The district court has subject matter jurisdiction under 28 U.S.C. § 1332. 2 pending or is subject to appeal,” id. § 55.603, “is conclusive between the parties to the extent that it grants or denies recovery of a sum of money,” id....

...as "pending" for the purposes of affording comity, rather than "final" for the purposes of seeking to bar Garnac's present action on the basis of res judicata and/or collateral estoppel, a view also adopted by the trial court in its order. Further, section 55.603, Florida Statutes (2006), which states that the Act "applies to any out-of-country foreign judgment that is final and conclusive and enforceable where rendered, even though an appeal therefrom is pending or is subject to appeal," indic...

...4th DCA 1997)). "It thus becomes identical in effect with a judgment entered by a Florida court." Id. (quoting Chabert, 694 So.2d at 808). The Act "applies to any out-of-country foreign judgment that is final and conclusive and enforceable where rendered." § 55.603, Fla. Stat. A judgment is conclusive between the parties to the extent that it grants or denies a sum of money. See §§ 55.603-.604, Fla....

...in the underlying case in Argentina. Affirmed. . Tettamanti v. Opcion Sociedad Anonima, 23 So.3d 727 (Fla. 3d DCA 2009). . Tettamanti v. Opcion Sociedad Anonima, — So.3d - , 2009 WL 1212156 (Fla. 3d DCA 2009). . § 55.602(2), Fla. Stat. (2008). . § 55.603, Fla....

...We reverse because Flick not only failed to demonstrate any defense to recognition that is authorized by the Act, but also because Flick waived the defense of insufficient service of process by not raising it before the Israeli court at the time it challenged personal jurisdiction therein. Sections 55.603 and 55.604 of the Act expressly provide that an out-of-country foreign money-judgment that is "final and conclusive and enforceable where rendered" is also "conclusive between the parties" and enforceable in this state "[e]xcept as provided in s. 55.605" of the Act. § 55.603, Fla....

...conclusive and enforceable where rendered, even though an appeal therefrom is 1 The district court had subject matter jurisdiction under 28 U.S.C. § 1332. 2 pending or is subject to appeal,” id. § 55.603, “is conclusive between the parties to the extent that it grants or denies recovery of a sum of money,” id....

...Araujo initially sought recognition and enforcement by recording six documents, including various Brazilian court documents (translated into English). In response, Dantzler filed a Notice of Objection arguing, inter alia, that Araujo failed to record a final judgment as required by the Act. See § 55.603, Fla....

...2d at 1228–29. “Under the [Act], a foreign judgment is prima facie enforceable if it ‘is final, conclusive, and enforceable where rendered, even though an appeal therefrom is pending or is subject to appeal.’” Osorio, 665 F. Supp. 2d at 1323–24 (quoting § 55.603, Fla....

...“The party seeking enforcement has the initial burden of proof that the judgment is final, conclusive, and enforceable where rendered.” Id. at 1324; see also Nadd, 804 So. 2d at 7 1231 (“The language of section 55.603 makes it clear that the first question in the recognition process is whether or not the foreign judgment is ‘final and conclusive and enforceable’ in the country where the judgment was rendered.”). Araujo failed to meet its initial burden....

BLUE, Acting Chief Judge. Rudiger Lauke, Sr., appeals an order entered pursuant to section 55.603, Florida Statutes (1997), which approved the recording of a German judgment in favor of his son, Rudiger Lauke, Jr....

...As to this issue, we conclude that the trial court must make a threshold determination of whether the judgment is enforceable in Germany. Because there is no record evidence showing this statutory prerequisite for the recording of a judgment of a foreign country, we remand for further proceedings. Section 55.603 applies to judgments which are “final and conclusive and enforceable where rendered.” The record contains no evidence that this 1991 judgment remains enforceable in Germany....