Hess v. Patrick
164 So. 3d 19
Fla. Dist. Ct. App.2015Background
- The Hesses (Richard Hess, Meredith Hess, Lucre, Inc.) obtained an Arizona federal judgment against John T. Patrick in 2003 and amended it in December 2003 totaling $1,600,000.
- The Hesses registered the Arizona judgment in Lee County, Florida, under the Florida Enforcement of Foreign Judgments Act (FEFJA) on April 26, 2006; they did not file a separate Florida action to convert the judgment into a Florida judgment.
- The Arizona judgment was not renewed in Arizona and, under Arizona law, would become unenforceable after five years (2008).
- In Florida the Hesses sought a writ of execution in September 2012; Patrick moved to quash, arguing the Arizona five-year limitations period controlled and the judgment was unenforceable.
- The trial court agreed, quashed the writ with prejudice, and the Hesses appealed.
- The Second District reversed, holding that a judgment domesticated under FEFJA is governed by Florida’s twenty-year statute of limitations, not the forum-state limitations of the original judgment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a foreign judgment registered under FEFJA is governed by Florida’s 20-year limitations period or by the rendering state’s limitations period | Registered Arizona judgment becomes a Florida judgment subject to Florida’s 20-year statute (§95.11(1)) | FEFJA §55.502(4) preserves the original (Arizona) limitation period (5 years), so the judgment is unenforceable in Florida | A judgment domesticated under FEFJA is subject to Florida’s 20-year limitations period running from the date of the original judgment; reversed trial court |
Key Cases Cited
- Zitani v. Reed, 992 So. 2d 403 (Fla. 2d DCA 2008) (treating a domesticated California judgment as enforceable like a Florida circuit court judgment)
- Michael v. Valley Trucking Co., 832 So. 2d 213 (Fla. 4th DCA 2002) (distinguishing registration under FEFJA from an action on a foreign judgment)
- Haigh v. Planning Bd. of Medfield, 940 So. 2d 1230 (Fla. 5th DCA 2006) (discussing differences between domestication under FEFJA and common-law actions)
- In re Goodwin, 325 B.R. 328 (Bankr. M.D. Fla. 2005) (holding that a judgment recorded under FEFJA is subject to Florida’s 20-year limitations period)
- Le Credit Lyonnais, S.A. v. Nadd, 741 So. 2d 1165 (Fla. 5th DCA 1999) (analyzing FEFJA and interpreting §55.502(4) in context)
- Desert Palace, Inc. v. Wiley, 145 So. 3d 946 (Fla. 1st DCA 2014) (applying Florida’s 20-year limitations period to a domesticated Nevada judgment)