Florida Statutes

Fla. Stat. § 55.05 (2025)

Judgments; power of attorney to confess invalid.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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55.05 Judgments; power of attorney to confess invalid.—All powers of attorney for confessing or suffering judgment to pass by default or otherwise, and all general releases of error, heretofore made or to be made hereafter by any person whatsoever within or without this state, before such action brought, shall be absolutely null and void.

History.—s. 67, Nov. 23, 1828; RS 1178; GS 1606; RGS 2808; CGL 4495; s. 1, ch. 59-321; s. 9, ch. 67-254.

Notes of Decisions

Cited in 12 cases, 1944–1997 · leading case: Trauger v. AJ Spagnol Lumber Co., 442 So. 2d 182 (Fla. 1983).

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Trauger v. AJ Spagnol Lumber Co., 442 So. 2d 182 (Fla. 1983). · cites it 9× “4th DCA 1982), which held that section 55.05, Florida Statutes (1977), [1] violates the full faith and credit clause of the United States Constitution [2] to the extent that it prohibits enforcement of a foreign confessed judgment.”

M & R Investments, Co. Inc. v. Hacker, 511 So. 2d 1099 (Fla. 5th DCA 1987). · cites it 3× “The district court reversed, and the Supreme Court approved the district court opinion, rejecting the public policy defense as it applied to a foreign judgment, explaining: Trauger contends that this judgment, which he concedes is proper under the laws of Pennsylvania and…”

Hamrick v. State, 519 So. 2d 81 (Fla. 3d DCA 1988). · cites it 2× “Certainly if it is impermissible, both by statute, § 55.05, Fla. Stat. (1985), and judicially determined public policy, see Carroll v.”

United Mercantile Agencies v. Bissonnette, 19 So. 2d 466 (Fla. 1944). · cites it 2× “See Section 55.05, Florida Statutes, 1941. Moreover, a domestic judgment entered by any of the courts of this State based upon such pretended authority would be invalid and unenforceable.”

Boardwalk Regency Corp. v. Hornstein, 695 So. 2d 471 (Fla. 4th DCA 1997). · cites it 2× “Boardwalk then domesticated the judgment in Florida pursuant to section 55.05, Florida Statutes. Hornstein filed a motion to vacate the judgment arguing that because it was based on a gambling debt, it was contrary to public policy and, therefore, void and unenforceable in…”

Fagan v. Powell, 237 So. 2d 579 (Fla. 3d DCA 1970). · cites it 2× “See § 55.05, Fla.Stat, F.S.A. The Illinois rule is inapplicable for this foregoing reason and also because no Florida statute authorizes jury trial of the issues raised by motions to vacate judgments.”

Pearson v. Friedman, 112 So. 2d 894 (Fla. 3d DCA 1959). · cites it 4× “" § 55.05, Fla. Stat., F.S.A. [2] This is the rule in Florida, Carroll v.”

Harold Vineberg & Peter Demet v. Brunswick Corp., 391 F.2d 184 (5th Cir. 1968). “1 [F.S. 55.05], expressly provides that such contracts for confession of judgment ‘made or to be made by any person whatsoever within this state’ shall be void.”

Hawke v. Broward Nat. Bank of Fort Lauderdale, 220 So. 2d 678 (Fla. 4th DCA 1969). “…the presence of a qualified privilege. Affirmed. WALDEN, C.J., and McCAIN and OWEN, JJ., concur. NOTES [1] F.S. 1967, section 55.05, F.S.A.”

A.J. Spagnol Lumber Co. v. Trauger, 423 So. 2d 956 (Fla. 4th DCA 1982). · cites it 7× “Appellant/creditor, a Pennsylvania corporation, seeks reversal of a judgment on the pleadings entered by the trial court in favor of appellees/debtors, now Florida residents, *957 based on the application of section 55.05, Florida Statutes (1977). 1 Appellant’s amended complaint…”

Gene's Gulf, Inc. v. Walnut Equip. Leasing Co., 391 So. 2d 753 (Fla. 5th DCA 1980). · cites it 2× “…in accordance herewith. AFFIRMED in part and REVERSED in part. FRANK D. UPCHURCH, Jr. and CO-WART, JJ., concur. . § 55.05, Fla.Stat. (1979).”

Kallen v. Caniglia (In re Caniglia), 17 B.R. 858 (Bankr. M.D. Fla. 1982). · cites it 2× “Indeed, it is true that Fla.Stat. § 55.05 proscribes the use of a power of attorney to confess judgment made before an action is brought and declares any judgment so obtained to be null and void.”

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