ENRIQUE Q. TETTAMANTI AND MARIA CRISTINA CALVO, APPELLANTS,
v.
OPCION SOCIEDAD ANONIMA, APPELLEE
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The Third District Court of Appeal vacated a trial court's stay of a domesticated foreign judgment from Argentina, holding that under Florida's Uniform Out-of-Country Foreign Money-Judgment Recognition Act, a stay pending appeal is only warranted if the judgment debtor demonstrates a pending or impending appeal in the foreign country and has obtained a stay there.
The appellate court vacated the stay, holding that under Florida's Uniform Out-of-Country Foreign Money-Judgment Recognition Act, a stay pending appeal is only available if the judgment debtor satisfies the court that an appeal is pending or intended in the foreign country and that the debtor has obtained a stay from the foreign court. The judgment debtors made no such showing, so the trial court erred in granting the stay.
[1] A trial court may grant a stay of proceedings on an out-of-country foreign judgment only if the judgment debtor demonstrates that an appeal is pending or intended in the…
[2] Under Florida law, an out-of-country foreign judgment, once recognized, shall be enforced in the same manner as a judgment of a court of this state.
Previewing 2 of 5 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“Under the Act: (5) Upon entry of an order recognizing the out-of-country foreign judgment, or upon recording of the clerk's certificate set forth above, the out-of-country foreign judgment shall be enforced in the same manner as the judgment of a court of this state.”
Establishes that domesticated foreign judgments are enforced the same as domestic Florida judgments
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Join FLexlaw to unlock all legal intelligenceOpción Sociedad Anónima obtained a judgment in Argentina and filed an action in Florida seeking recognition of that judgment. After a bench trial, the…
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On Motion far'Review of Stay
The judgment creditor, Opción Sociedad Anónima, has filed a motion to review a stay of judgment entered by the trial court. We grant the motion and vacate the stay.
The judgment creditor obtained a judgment in Argentina and filed an action seeking recognition of that judgment in Florida. After a bench trial, the trial court found that the Argentinean judgment was final, conclusive, and enforceable and entered judgment in favor of the judgment creditor for $236,900.
. The judgment debtors, Enrique O. Tet-tamanti and Maria Cristina Calvo, filed a timely appeal of the Florida judgment and moved for a stay pending appeal. The trial court granted a stay. By motion for review filed in this court, the judgment ■creditor requests that the stay be vacated. The judgment creditor’s position,is well taken. ,
Florida has adopted the Uniform Out-of-country Foreign Money-Judgment Recognition Act. §§ 55.601-55.607, Fla. Stat. (2008). Under the Act:
(5) Upon entry of an order recognizing the out-of-country foreign judgment, or upon recording of the clerk’s certificate set forth above, the out-of-country foreign judgment shall be enforced in the same manner as the judgment of a court of this state.
(Emphasis added). See Nadd v. Le Credit Lyonnais, S.A., 804 So.2d 1226, 1233 (Fla. 2001).
Under Florida Rule of Appellate Procedure 9.310, the trial court had jurisdiction to consider the appellee-judgment debtors’ motion for stay. Fla. R.App. P. 9.310(a). The trial court granted a stay based on section 55.607, Florida Statutes. That section provides: ,
55.607 Stay in case of appeal.—If the defendant satisfies the court that an ap*4peal is pending, or that he or she intends to appeal, and that he or she has obtained a stay of judgment from the foreign court, the court may stay the proceedings until the appeal has been determined or until the expiration of a period of time sufficient to enable the defendant to prosecute the appeal.
(Emphasis added).
This portion of the Act is intended to apply where the judgment debtor has appealed, or intends to appeal, in the foreign country (in'this ease Argentina), and has obtained a stay of the foreign judgment from the foreign court. The- judgment debtors have not made any showing of a pending or impending appeal in Argentina, or any stay pending appeal. The trial court erred in granting the stay, and we vacate the stay order.
Under the Act, the Florida judgment (which domesticated the Argentinean judgment) “shall be enforced in the same manner as the judgment of a court of this state.” § 55.604(5), Fla. Stat. (2008).. To stay the Florida judgment, it will be necessary for the judgment debtors to post a bond. Fla. R.App. P. 9.310(b)(1).
Stay vacated.
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Citator
Cited By
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Tettamanti v. Opcion Sociedad Anonima, 67 So. 3d 356 (Fla. 3d DCA 2011)
Authorities Cited
- Nadd v. LE Credit Lyonnais, S.A., 804 So. 2d 1226 (Fla. 2001)