ST. JAMES REALTY AND DEPARTMENT STORE COMPANY, A CORPORATION,

v.

MINNIE C. WHALEY

Citator

Cited By

• Khalil Burshan, M.D. v. Nat'l Union Fire Ins. Co. OF Pittsburgh, 805 So. 2d 835 (Fla. 4th DCA 2001)
  …Fla. 374, 377, 100 So. 170, 171 (1924), the court used the statutory formulation, containing the preposition “upon.” Every judgment gives rise to a common law cause of action to enforce it, [*841] called an action upon a judgment. In Crane v. Nuta, 157 Fla. 613, 615, 26 So. 2d 670, 671 (1946), the supreme court held that section 95.11(1) did not bar a plaintiff in 1945 from bringing an action on a 1926 judgment. The court observed that “a judgment is regarded as a cause of action” and that there was abund…
• Milligan v. Wilson, 107 So. 2d 773 (Fla. 2d DCA 1958)
  …operative Bank v. Wallace, 1942, 151 Fla. 329, 9 So. 2d 731. Such an action is considered as a new and inde [*775] pendent action and is not regarded as the same cause as the original action on which the .judgment was recovered. Crane v. Nuta, 1946, 157 Fla. 613, 26 So. 2d 670. Where an action is instituted in one state on a judgment recovered in another, the question of the jurisdiction of the court rendering the judgment over the subject matter and over the person sued is open to challenge and adjudicatio…
• Desert Palace, Inc. v. Wiley, 145 So. 3d 946 (Fla. 1st DCA 2014)
  …840-41 (Fla. 4th DCA 2001); see also Caiazza v. Tuff Realty Corp., 805 So. 2d 29, 30-31 (Fla. 5th DCA 2001). A judgment, whether domestic or foreign, constitutes a cause of action upon which a new and independent action may be based. Crane v. Nuta, 157 Fla. 613, 26 So. 2d 670, 671 (1946). The main purpose of an action on a judgment is to obtain a new judgment which will facilitate the ultimate goal of securing satisfaction of the original cause of action. Adams v. Adams, 691 So. 2d 10, 11 (Fla. 4th DCA 199…

Authorities Cited

• Winn & Lovett Grocery Co. v. Luke, 156 Fla. 638 (Fla. 1945)