Florida/Georgia Personal Injury & Workers Compensation

...finality we require for appellate review. The effect of overruling objections and granting recognition of a foreign judgment is that the foreign judgment is thereupon immediately enforceable as though it were a final judgment of a Florida court. See § 55.604(5), (6), and (7), Fla.Stat....

...ere they were rendered. See § 55.603, Fla. Stat. [6] If a judgment creditor wishes to enforce a judgment in Florida under the UFMJRA, he must first file the judgment with the clerk of court of the county or counties where enforcement is sought. See § 55.604, Fla. Stat. The judgment is then recorded in that county. See id. Once the registration and recordation are complete, the clerk sends notice to the debtor, who then may file a notice of objection within thirty days of service. See § 55.604(2), Fla....

...In this case, the parties and the courts below have provided different interpretations of these provisions. LCL contends that neither statutory period should bar filing a foreign judgment and that the twenty-year period for enforcement actions should apply once the judgment is recorded and recognized in Florida pursuant to section 55.604(5)....

...her 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....

...y other Florida judgment. The court said: The effect of overruling objections and granting recognition of a foreign judgment is that the foreign judgment is thereupon immediately enforceable as though it were a final judgment of a Florida court. See § 55.604(5), (6) and (7), Fla....

...inal, conclusive, and enforceable *1324 where rendered, even though an appeal therefrom is pending or is subject to appeal." FLA. STAT. § 55.603. Once the party seeking to enforce the judgment follows the filing and notice requirements of Fla. Stat § 55.604, the judgment will be enforced unless the judgment debtor objects within 30 days....

...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....

...(LCL) obtained two judgments in France against Nadd: one in May of 1978, and one in October of 1979. More than fifteen years later, in October 1995, LCL sought to file and record the two judgments with the clerk of a Florida circuit court, pursuant to section 55.604, Florida's UFMJRA....

...setts, Michigan, Minnesota, Missouri, Montana, New Jersey, New Mexico, New York, North Carolina, Ohio, Oklahoma, Oregon, Pennsylvania, Texas, Virgin Islands, Virginia and Washington. [7] See Chabert v. Bacquie, 694 So.2d 805 (Fla. 4th DCA 1997). [8] § 55.604(6), Fla.Stat....

...In the Florida trial court, after the judgment creditors came forward with a foreign judgment—which on its face awarded a monetary sum certain and stated that it was final, conclusive, and capable of enforcement in Switzerland—the burden shifted to Kramer to specify and prove a ground for non-recognition. § 55.604(2), Fla....

...sdiction 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. § 55.604....

...ign country's judgment in a Florida court, but rather to ensure that a Florida court's judgment will be enforced abroad. FLA.H.REP.COMM. ON JUDICIARY BILL ANALYSIS & ECONOMIC IMPACT STATEMENT, HB 51 — UNIF. FOREIGN MONEY JUDGMENTS, at 2 (Nov.1993). Section 55.604 does, however, set forth a procedure for enforcement of an out-of-country judgment similar to that for enforcement of a sister state's judgment, see section 55.501-507, Florida Statutes (1995), and requires that the judgment be filed with the clerk of court and then recorded in the public records. Thereafter, the clerk is to mail notice of the judgment's recording to the debtor. § 55.604(1)(b), Fla.Stat. (1995). Upon service of the notice, the judgment debtor then has thirty days within which to file a notice of objection. § 55.604(2), Fla.Stat....

...in Chabert v. Bacquie, 694 So.2d 805 (Fla. 4th DCA 1997). [4] If no objections are filed within the thirty day window, then the clerk of court may file a certificate so stating, which entitles the judgment creditor to enforcement without a hearing. § 55.604(4)-(5), Fla.Stat....

...action where the Olivareses failed to follow the procedures set forth in Florida's Uniform Out-of-Country Foreign Judgment Recognition Act ("the Act") to have the Venezuelan judgment recognized in Florida. See § 55.601, et. seq., Fla. Stat. (2006). Section 55.604, Florida Statutes (2006), outlines specific procedures for the "recognition and enforcement" of foreign judgments in Florida's courts. § 55.604, Fla....

...A judgment is conclusive between the parties to the extent that it grants or denies a sum of money. See §§ 55.603-.604, Fla. Stat. Although such judgments are prima facie enforceable, the Act provides eleven grounds for which a foreign judgment may be denied recognition. See § 55.604-.605, Fla....

...Appellant, Doron Strod, appeals the trial court's entry of a final judgment domesticating a foreign judgment in favor of Appellee, Edna Lewenstark. Strod argues, inter alia, that the trial court's entry of final judgment violated his due process rights because Lewenstark failed to comply with section 55.604, Florida Statutes (2006), in notifying him of her domestication action....

...The Israeli court entered a judgment rejecting both of Strod's claims and required all parties to bear their own expenses and attorneys' fees. On July 6, 2006, Lewenstark recorded the Israeli judgment in the public records of Broward County. Thereafter, on July 19, 2006, Lewenstark recorded an "affidavit pursuant to § 55.604(1), Fla....

...n or, in the alternative, objection to recognition and enforcement of out-of-country foreign judgment. Strod's first claim of error is that the trial court deprived him of due process in entering final judgment where Lewenstark failed to comply with section 55.604....

...We agree. Because this issue involves the interpretation of a statute, the de novo standard of review applies. Fla. Birth-Related Neurological Injury Comp. Ass'n v. Fla. Div. of Admin. Hearings, 948 So.2d 705, 709-10 (Fla.2007) (citation omitted). Section 55.604(1)(a), Florida Statutes (2006), provides: Except as provided in s....

...Promptly upon the recording of the affidavit and the foreign judgment, the clerk must mail notice of the recording, by registered mail with return receipt requested, to the judgment debtor at the address in the affidavit and shall note the docket accordingly. § 55.604(1)(b), Fla....

...A judgment creditor may also mail a notice of recording to the judgment debtor and record proof of mailing with the clerk. Id. If proof of mailing by the judgment creditor has been recorded, the failure of the clerk to mail notice of recording will not affect enforcement proceedings. Id. Section 55.604(2), Florida Statutes (2006), states that the judgment debtor has 30 days after service of the notice to file a notice of objection with the clerk specifying grounds for nonrecognition or nonenforceability. If the judgment debtor fails to file a timely notice of objection, the clerk must record a certificate stating no objection has been filed. § 55.604(4), Fla. Stat. (2006). Moreover, upon any party's application, and after proper notice, the circuit court has jurisdiction to conduct a hearing, determine the issues, and enter an order granting or denying recognition of the foreign judgment. § 55.604(3), Fla....

...been afforded, this court has held that substantial compliance with a statute's notice procedures is sufficient. Id. at 1268 (citations omitted). Strod's due process rights were violated in this case, as Lewenstark and the clerk did not comply with section 55.604's notice requirements either fully or substantially. First, there is no evidence in the record that the clerk mailed, by registered mail with return receipt requested, notice of the recording of the foreign judgment to Strod's last known address appearing in Lewenstark's affidavit. See § 55.604(1)(b), Fla....

...a postal seal on it proving mailing nor any address for Strod set forth therein. Further, there is no return receipt card in the record, or a return receipt card including Strod's signature or indicating that delivery was attempted but unsuccessful. Section 55.604(1)(b) instructs that the clerk's failure to mail notice of recording to the judgment debtor will not affect enforcement proceedings, if proof of mailing by the judgment creditor has been recorded with the clerk. § 55.604(1)(b), Fla....

...4th DCA 1977). On January 24, 1997, appellant recorded in the Palm Beach County circuit court a judgment it had obtained against appellee in the Local Court of Regensburg, Germany on January 12, 1995, in accordance with the procedures described in section 55.604(1), Florida Statutes (1995), in order to have the foreign judgment recognized and enforced pursuant to section 55.604. The statute requires the clerk to mail notice of the recording, by registered mail with return receipt requested, to the judgment debtor, section 55.604(1)(b), and the clerk's notice, giving appellee thirty days in which to file a notice of objection, was dated January 24, 1997....

...The return receipt indicated that the notice was delivered to appellee on January 27, 1997. On February 26, 1997, the clerk's certificate of no objection was recorded, permitting the foreign judgment to be enforced as a judgment of a Florida court pursuant to section 55.604(5)....

...to do some act or take some proceeding within a prescribed period after the service of a notice or other paper upon that party and the notice or paper is served upon that party by mail, 5 days shall be added to the prescribed period. Florida Statute section 55.604(1)(b) (emphasis added) provides that "[p]romptly upon the recording of the foreign judgment ... the clerk shall mail notice of the recording of the foreign judgment, by registered mail with return receipt requested, to the judgment debtor...." Section 55.604(2) gives the judgment creditor "30 days after service of the notice" in which to file the notice of objection. There is no rule of procedure specified in section 55.604 which prevents the addition of five days for mailing pursuant to rule 1.090(e)....

...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. Stat. (2008); § 55.604, Fla. Stat. (2008) (emphasis added); see also § 55.604(2), Fla....

judgment meets the criteria for recognition under section 55.604 of the Act. Contrary to Vuillermin’s argument

judgment meets the criteria for recognition under section 55.604 of the Act. Contrary to Vuillermin’s argument

manner as the judgment of a court of this state.” § 55.604(5), Fla. Stat. (2008).. To stay the Florida judgment

...sdiction 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. § 55.604....

judgment set forth in section 55.604, Florida Statutes (1995), because section 55.604 does not contain language

judgment establishing a cumulative arrear-age. § 55.604(5), Fla. Stat. (2012). WARNER, DAMOORGIAN and

counties where enforcement is sought. See § 55.604, Fla. Stat. The judgment is then

enforcement of certain interlocutory rulings. See § 55.604, Fla. Stat. As is relevant to this case, courts

the Ukrainian judgment, arguing that, under section 55.604(1), Florida Statutes (2020), Shakhova needed