DOUGLAS JACKSON AND JOYCE JACKSON, HIS WIFE, APPELLANTS,
v.
STELCO EMPLOYEES' CREDIT UNION LIMITED, A CANADIAN CORPORATION, APPELLEE
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This case reviews an appeal from a summary final judgment on a Canadian money judgment. The court held that a Canadian court's judgment, based on service of process in Florida without appearance by the defendants, did not meet American due process standards and would not be recognized in Florida.
No, a judgment from a foreign country entered under such circumstances does not comport with American ideals relating to due process and should not be recognized in Florida under rules of comity.
“A judgment of a foreign country entered under such circumstances does not comport with American ideals relating to "due process" and should not be recognized in Florida under rules of comity.”
This quote establishes the core legal principle for denying recognition of the foreign judgment.
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Join FLexlaw to unlock all legal intelligenceAppellants, Douglas and Joyce Jackson, were served with a summons and complaint in Broward County, Florida, for a suit filed in Ontario, Canada. They …
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This is an appeal from a summary final judgment entered against defendants in the lower court in a suit upon a money judgment entered in the Province of Ontario, Dominion of Canada. A defense was that the Canadian Court lacked jurisdiction over defendants.
It appears from the record that the “papers” in the Canadian suit were served upon defendants in Broward County and that they did not appear in the suit. The “papers” are identified as “the summons and complaint” in the suit then pending in Canada.
The present suit has no reference to the original obligation. It is based solely on the obligation growing out of the entry of the final judgment in Canada.
A judgment of a foreign country entered under such circumstances does not comport with American ideals relating to “due process” and should not be recognized in Florida under rules of comity. See Markham v. Nisbet, Fla.1952, 60 So.2d 393.
Reversed.
CROSS and McCAIN, JJ., concur.
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Montaner v. BIG Show Prods., S.A., 620 So. 2d 246 (Fla. 3d DCA 1993)…served in the foreign proceeding. Ogden v. Ogden, 159 Fla. 604, 33 So. 2d 870 (1947); Parker v. Parker, 155 Fla. 635, 21 So. 2d 141 (Fla.), cert. denied, 326 U.S. 718, 66 S.Ct. 23, 90 L.Ed. 425 (1945); Jackson v. Stelco Employees’ Credit Union Ltd., 203 So. 2d 669 (Fla. 4th DCA 1967). In Parker, the supreme court refused to recognize a divorce decree issued in Cuba because the wife’s due process rights were violated by the Cuban court. Parker, 155 Fla. at 637, 21 So. 2d at 142. The husband falsely alleged in…
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Chabert v. Jacques Jean Yves BACQUIÉ, 694 So. 2d 805 (Fla. 4th DCA 1997)…hat France does not recognize judgments of American courts. Second, Chabert argued that the judgment of the French court of appeal was a default judgment, which Florida courts will not recognize, citing Jackson v. Stelco Employees Credit Union Ltd., 203 So. 2d 669 (Fla. 4th DCA 1967). Both parties then proceeded to file memoranda of law. The trial court apparently held a hearing and entered an order in February 1995 denying the motion. , Meanwhile, in October 1994, the Florida Uniform Out-of-country Foreign…1 / 2
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Corporacion Salvadorena De Calzado, S.A. v. Injection Footwear Corp., 533 F. Supp. 290 (S.D. Fla. 1982)…that the notice procedures implemented do not comport with due process notions derived from the Due Process Clause of the United States Constitution and the State of Florida Constitution. See Jackson v. Stelco Employees’ Credit Union, Ltd., 203 So.2d 669 (Fla.4th DCA 1976). In the Special Master’s view, the notice procedures employed here are defective, in terms of due process, in that they were not reasonably calculated to apprise the Defendant that proceedings had been instituted against him and t…
Authorities Cited
- Markham v. Nisbet, 60 So.2d 393 (Fla. 1952)