CARVEL A. KLEE, APPELLANT,
v.
LOUISA COLA, APPELLEE
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The court held that the merits of an original cause of action cannot be relitigated in an action to enforce a foreign judgment.
Plaintiff sought to enforce a New Jersey judgment against Defendant in Florida. The parties stipulated to the existence of the judgment and Defendant'…
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PER CURIAM.
Louisa Cola, plaintiff in the trial court, brought an action against Carvel A. Klee, to establish and enforce a New Jersey judgment in the State of Florida. From the final judgment of the circuit court giving full faith and credit to the foreign judgment, Klee appeals. We affirm.
Attached to the complaint in the Florida action was an exemplified copy of a New Jersey judgment in favor of appellee/Cola and jointly and severally against five defendants, including appellant/Klee. The parties herein stipulated to the existence of the New Jersey judgment and to appellant’s failure to make payment thereunder. Following a non-jury trial, final judgment was entered for Cola and this appeal ensued.
While the notice of appeal filed by appellant refers to the circuit court judgment as the order to be reviewed, appellant’s arguments on appeal deal solely with the New Jersey proceeding. In other words, appellant is attempting to use this appeal to relitigate the issues dealt with by the New Jersey court. This he cannot do. The merits of an original cause of action may not be re-litigated in an action on a judgment. See Whiteside v. Dinkins, 86 Fla. 261, 97 So. 517 (1923); 47 Am.Jur.2d Judgments § 931; 19 Fla.Jur. Judgments and Decrees § 510. Therefore, since appellant has failed to allege any error in the Florida proceedings, we affirm the judgment being appealed.
Affirmed.
LETTS, C. J., and MOORE and HURLEY, JJ., concur.
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Khalil Burshan, M.D. v. Nat'l Union Fire Ins. Co. OF Pittsburgh, 805 So. 2d 835 (Fla. 4th DCA 2001)…udgments § 945 (1995); accord Adams, 691 So. 2d at 11 (quoting Koerber v. Middlesex College, 136 Vt. 4, 383 A. 2d 1054, 1057 (1978)). A party may not relitigate the merits of the original cause of action in an action on a judgment. See Klee v. Cola, 401 So. 2d 871, 872 (Fla. 4th DCA 1981). III. Florida Supreme Court cases have held that proceedings to enforce a final judgment are not “actions on a judgment” which are barred by the statute of limitations. In B.A. Lott and Young v. McKenzie, 46 So. 2d 184 (Fl…
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Hogan v. Howard, 716 So. 2d 286 (Fla. 2d DCA 1998)…that the personal representative objects to other claims. The probate court’s ruling was influenced by the law generally prohibiting a judgment debtor from challenging or relitigating the circumstances underlying a final judgment. See Klee v. 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.…
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Corzo Trucking Corp. v. West, 61 So. 3d 1285 (Fla. 4th DCA 2011)…udgments § 945 (1995); accord Adams, 691 So. 2d at 11 (quoting Koerber v. Middlesex College, 136 Vt. 4, 383 A. 2d 1054, 1057 (1978)). A party may not relitigate the merits of the original cause of action in an action on a judgment. See Klee v. Cola, 401 So. 2d 871, 872 (Fla. 4th DCA 1981). Id. In defending an action on a judgment, a “defendant cannot avail himself of defenses which he might have interposed in the original action.” Restatement (First) of Judgments § 47 cmt. e. However, a defendant may “inter…
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- Whiteside v. Dinkins, 86 Fla. 261 (Fla. 1923)