RAY J. RIGOT, APPELLANT,
v.
WILLIAM C. HOLBEIN AND EDWARD RAY HOLBEIN, APPELLEES
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.
The Texas judgment is entitled to full faith and credit for actual damages but not for exemplary damages.
[1] A foreign judgment entered by default, where the defendant was properly served under state law and transacted business within the state, is entitled to full faith and cre…
[2] A state court must give full faith and credit to a valid foreign judgment for actual damages.
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligencePlaintiffs obtained a default judgment in Texas against the defendant, who was doing business in Texas. The defendant, a Florida resident, received no…
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 Enforcement Of Foreign Judgment cases and more on FLexlaw
Plaintiffs, William C. Holbein and Edward Ray Holbein, filed a complaint in the Circuit Court of Dade County, Florida, on a foreign judgment obtained in the District Court, 73rd District, Bexar County, Texas. The foreign judgment was against the defendant, Ray J. Rigot, and others, jointly and severally, in the sum of $36,-613.03 actual damages together with the further sum of $25,000.00 as exemplary damages. The Texas judgment was entered against the defendant by default after the defendant was served with citation in the manner prescribed by law where the defendant was doing business in the state of Texas pursuant to Article 2031b, Vernon’s Annotated Civil Statues of Texas.
Upon the issues made by the plaintiffs’ complaint and the defendant’s answer, the case was tried before the Court. The defendant admitted that he had lived in Florida since 1954, had received notice of the pendency of the Texas proceedings through the U. S. Mail but no other notices. After hearing the testimony and considering the documents, the Court entered final judgment in favor of the plaintiffs for the full amount of the Texas judgment plus interest and costs. Defendant did not at any time allege or assert fraud, nor did he allege or assert any proceeding in Texas challenging the jurisdiction of the Texas Court and did not present any evidence in this cause proving that he had never transacted or done business in the State of Texas.
The only point involved was whether or not the Texas judgment was entitled to full faith and credit under the Constitution of the United States. We believe that the *459final judgment is entitled to full faith and credit for the actual damages only but not entitled to full faith and credit for the exemplary or punitive damages. See Silitronic Chemical Corp. v. R. K. M. Enterprises, 197 So.2d 33 (Fla.App.3rd 1967); Clay v. Atchison, T. & S. F. Ry. Co., Texas, 201 S.W. 1072 affirmed, 228 S.W. 907; Farmers & Merchants Trust Co. v. Madeira, 261 Cal.App.2d 503, 68 Cal.Rptr. 184; F. E. C. Ry. Co. v. McRoberts, 111 Fla. 278, 149 So. 631:
Affirmed in part and reversed in part.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Holbein v. Rigot, 245 So. 2d 57 (Fla. 1971)…n appeal by the defendants to the District Court of Appeal, Third District, it affirmed the portion of the judgment for compensatory damages but reversed the portion of the judgment awarding plaintiffs punitive damages. See Rigot v. Holbein, DCA 3d, 233 So. 2d 458. In its opinion the District Court said in part: “Upon the issues made by the plaintiffs’ complaint and the defendant’s answer, the case was tried before the Court. The defendant admitted that he had lived in Florida since 1954, had received notice…
-
Holbein v. Rigot, 238 So. 2d 420 (Fla. 1970)…Certiorari denied. 233 So. 2d 458. ERVIN, C. J., and ROBERTS, DREW, THORNAL and ADKINS, JJ., concur.…
-
Rigot v. Holbein, 247 So. 2d 475 (Fla. 3d DCA 1971)…PER CURIAM. Whereas, the judgment of this court was entered on March 31, 1970, 233 So. 2d 458 affirming in part and reversing in part the judgment of the Circuit Court for Dade County, in the above styled cause; and Whereas, on review of this court’s judgment, by appeal, the Supreme Court of Florida by its opinion and judgment filed Februar…
Authorities Cited
- Fla. E. Coast Ry. Co. v. McRoberts, 111 Fla. 278 (Fla. 1933)
- Avery Leach Tyler v. Fla. Nat'l Bank AT Opa-Locka, 197 So. 2d 33 (Fla. 3d DCA 1967)