Desert Palace, Inc. v. Wiley
145 So. 3d 946
Fla. Dist. Ct. App.2014Background
- Desert Palace obtained a Nevada money judgment against Robert G. Wiley on October 17, 1991.
- Desert Palace domesticated that Nevada judgment in Baker County, Florida under Florida’s Enforcement of Foreign Judgments Act (FEFJA) on November 9, 2006, where Wiley lived.
- Desert Palace filed an amended complaint on October 12, 2011 seeking enforcement of the domesticated judgment and accrued interest.
- Wiley moved to dismiss, arguing the applicable statute of limitations had expired; Desert Palace argued the 20-year limitations period applied and its October 12, 2011 filing was timely.
- The trial court granted Wiley’s motion on October 18, 2013, holding the action was time-barred; Desert Palace appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a domesticated foreign judgment is subject to Florida's 20-year limitations period for actions on a judgment | Desert Palace: action on the domesticated judgment is governed by the 20-year statute (section 95.11(1)) and filing on Oct 12, 2011 was within 20 years of the 1991 judgment | Wiley: foreign judgment is subject to a 5-year limitations period under section 95.11(2)(a) | The 20-year limitations period applies; Desert Palace’s filing was timely |
| Whether domestication under FEFJA creates an independent action treated like a Florida judgment for limitations purposes | Desert Palace: domestication makes the foreign judgment equivalent to a Florida judgment, restarting/enforcing under the 20-year rule | Wiley: domestication does not avoid the shorter foreign-judgment limitations rule | Court: Domesticated judgments under FEFJA are enforceable like Florida judgments and subject to the 20-year rule |
Key Cases Cited
- City of Gainesville v. State of Florida, Dept. of Transp., 778 So.2d 519 (Fla. 1st DCA 2001) (standard of review for legal questions)
- Burshan v. Nat’l Union Fire Ins. Co. of Pittsburgh, PA, 805 So.2d 835 (Fla. 4th DCA 2001) (recognizes action on a judgment as common-law cause of action)
- Caiazza v. Tuff Realty Corp., 805 So.2d 29 (Fla. 5th DCA 2001) (judgment constitutes cause of action for new independent action)
- Crane v. Nuta, 26 So.2d 670 (Fla. 1946) (foreign judgment may form basis for new action)
- Adams v. Adams, 691 So.2d 10 (Fla. 4th DCA 1997) (bringing action on a judgment can restart limitation period)
- Michael v. Valley Trucking Co., Inc., 832 So.2d 213 (Fla. 4th DCA 2002) (judgment domesticated under FEFJA has same effect and defenses as Florida judgment)
- Nadd v. Le Credit Lyonnais, 804 So.2d 1226 (Fla. 2001) (once domesticated, foreign judgment enforceable for 20 years under section 95.11(1))