NOHAM KILINSKY
v.
BANK LEUMI LE-ISRAEL, LTD
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
A judgment debtor cannot avoid recognition of a foreign judgment based on lack of personal jurisdiction where the defendant previously agreed to submit to the foreign court's jurisdiction and failed to raise the jurisdictional objection in the foreign proceedings.
[1] A defendant who has agreed to submit to the jurisdiction of a foreign court prior to commencement of proceedings cannot avoid recognition of a resulting foreign judgment…
[2] Once a judgment creditor presents a foreign judgment that is final, conclusive, and awards a monetary sum certain, the burden shifts to the judgment debtor to specify and…
Previewing 2 of 2 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“The out-of-country foreign judgment shall not be refused recognition for lack of personal jurisdiction if . . . [t]he defendant, prior to the commencement of the proceedings, had agreed to submit to the jurisdiction of the foreign court with respect to the subject matter involved.”
Florida Statute § 55.606(1)(b)(3) (2022) - statutory provision for recognition of foreign judgments
Kilinsky appealed a circuit court decision recognizing a foreign judgment rendered by Bank Leumi Le-Israel, Ltd. The case involved whether the foreign…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Recognition Of Foreign Judgments cases and more on FLexlaw
PER CURIAM.
Affirmed. See § 55.606(1)(b)(3), Fla. Stat. (2022) (providing in pertinent part: “The out-of-country foreign judgment shall not be refused recognition for lack of personal jurisdiction if . . . [t]he defendant, prior to the commencement of the proceedings, had agreed to submit to the jurisdiction of the foreign court with respect to the subject matter involved. . .”); Kramer v. von Mitschke-Collande, 5 So. 3d 689, 690 (Fla. 3d DCA 2008) (once a judgment creditor presents a foreign judgment which on its face awards a monetary sum certain and is final, conclusive, and capable of enforcement,
the burden shifts to the judgment debtor to specify and establish a ground for non-recognition of that foreign judgment). See also Vuillermin v.
Mitsubishi Elec. Europe BV, 233 So. 3d 1178 (Fla. 3d DCA 2017) (holding a defendant “may not avoid the foreign judgment based on lack of personal service [where] he failed to raise the issue initially in the foreign court of competent jurisdiction”).
2
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Kramer v. Verena von Mitschke-Collande and Claudia Miller-Otto, 5 So. 3d 689 (Fla. 3d DCA 2008)
- Christophe Vuillermin v. Mitsubishi Elec. Europe BV, 233 So. 3d 1178 (Fla. 3d DCA 2017)