John Patrick v. Richard Hess
212 So. 3d 1039
Fla.2017Background
- In 2003 Arizona federal court entered an amended judgment against Patrick for $1.6 million; the Hesses registered that judgment in Florida under the Florida Enforcement of Foreign Judgments Act (FEFJA) in 2006.
- The Arizona judgment became unenforceable in Arizona in 2008 because the Hesses failed to renew it under Arizona’s 5-year statute.
- In 2012 the Hesses sought a Florida writ of execution on the domesticated judgment; Patrick moved to quash, arguing the foreign forum’s limitations governed.
- The trial court quashed the writ, holding Arizona’s 5-year limitations continued to control after domestication.
- The Second District reversed, ruling that FEFJA domesticates the foreign judgment and Florida’s 20-year limitations period (section 95.11(1)) applies.
- The Florida Supreme Court granted review to resolve conflict between the Second District and two other district court decisions (Haigh and Friona).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Which limitations period applies to enforcement of a foreign judgment after recording under FEFJA? | Hesses: Once domesticated under FEFJA, Florida law applies (20-year period). | Patrick: Section 55.502(4) makes the limitations period of the original forum control (Arizona’s 5 years). | The Court held Florida’s 20-year statute (section 95.11(1)) applies to enforcement after recording under FEFJA. |
| Whether FEFJA alters enforcement limitations | Hesses: FEFJA’s §55.503(1) treats recorded foreign judgments as Florida judgments, so Florida limitations govern. | Patrick: §55.502(4) prevents altering the foreign forum’s limitation period. | Court: §55.502(4) preserves limits on enforcement actions generally but does not import other states’ varied limitation periods; FEFJA domesticates the judgment for purposes of Florida limitations. |
| Whether section 95.11(2)(a) (5-year) governs domesticated foreign judgments | Patrick: Enforcement is an action on a foreign judgment; use 5-year category. | Hesses: Once recorded under FEFJA, the judgment is treated like a Florida judgment and falls under 20-year category. | Court: Section 95.11(2)(a) does not apply to judgments recorded under FEFJA; 95.11(1) controls. |
| Whether prior district cases (Haigh, Friona) conflict with Hess | Hesses/Second District: Hess applied 20-year rule and conflicts with Haigh/Friona. | Patrick: Argued Hess conflicted but issues differ (procedural posture). | Court: Approved Hess and disapproved Haigh and Friona to the extent they are inconsistent with applying the 20-year period to domesticated judgments. |
Key Cases Cited
- Hess v. Patrick, 164 So.3d 19 (Fla. 2d DCA 2015) (domesticated foreign judgment treated as Florida judgment for limitations)
- Haigh v. Planning Bd., 940 So.2d 1230 (Fla. 5th DCA 2006) (held action upon a foreign judgment time-barred under 5-year rule)
- N.Y. State Comm’r of Taxation & Fin. v. Friona, 902 So.2d 864 (Fla. 4th DCA 2005) (addressed timeliness of domesticating a foreign judgment under FEFJA)
- Nadd v. Le Credit Lyonnais, S.A., 804 So.2d 1226 (Fla. 2001) (treating domesticated foreign judgments as subject to Florida enforcement limitations)