Florida Statute 55.509 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 55
JUDGMENTS

View Entire Chapter

F.S. 55.509

55.509 Stay of enforcement of foreign judgment.—

(1) If, within 30 days after the date the foreign judgment is recorded, the judgment debtor files an action contesting the jurisdiction of the court which entered the foreign judgment or the validity of the foreign judgment and records a lis pendens directed toward the foreign judgment, the court shall stay enforcement of the foreign judgment and the judgment lien upon the filing of the action by the judgment debtor.

(2) If the judgment debtor shows the circuit or county court any ground upon which enforcement of a judgment of any circuit or county court of this state would be stayed, the court shall stay enforcement of the foreign judgment for an appropriate period, upon requiring the same security for satisfaction of the judgment which is required in this state.

History.—s. 6, ch. 84-5.

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Amendments to 55.509

Annotations, Discussions, Cases:

Cases Citing Statute 55.509

Total Results: 28

Jones v. Directors Guild of America, Inc.

584 So. 2d 1057, 1991 WL 147141

District Court of Appeal of Florida | Filed: Jul 30, 1991 | Docket: 466860

Cited 17 times | Published

within 30 days as required, they argue, by section 55.509, Florida Statutes (1989). This argument is

Nichols v. Nichols

613 So. 2d 137, 1993 WL 20433

District Court of Appeal of Florida | Filed: Feb 3, 1993 | Docket: 1511369

Cited 7 times | Published

date of recording the judgment, pursuant to section 55.509. On September 26, 1991, the former wife filed

Whipple v. JSZ Financial Co., Inc.

885 So. 2d 933, 2004 Fla. App. LEXIS 15892, 2004 WL 2387727

District Court of Appeal of Florida | Filed: Oct 27, 2004 | Docket: 1286822

Cited 5 times | Published

pursuant to section 55.509, Florida Statutes (1995), the issue has been waived. Section 55.509, "Stay of

ZITANI v. Reed

992 So. 2d 403, 2008 WL 4568684

District Court of Appeal of Florida | Filed: Oct 15, 2008 | Docket: 1723263

Cited 4 times | Published

of this judgment in Florida as authorized by section 55.509. Instead, he responded with a "suggestion of

SCG Travel, Inc. v. Westminster Financial Corp.

583 So. 2d 723, 1991 WL 117031

District Court of Appeal of Florida | Filed: Jul 3, 1991 | Docket: 1284071

Cited 4 times | Published

filed actions in the circuit court here under section 55.509, Florida Statutes (1989), contesting the validity

N & C PROPERTIES v. Vanguard Bank & Trust Co.

519 So. 2d 1048, 13 Fla. L. Weekly 258, 1988 Fla. App. LEXIS 205, 1988 WL 3769

District Court of Appeal of Florida | Filed: Jan 22, 1988 | Docket: 1698635

Cited 4 times | Published

enforcement of the foreign judgment, pursuant to section 55.509, Florida Statutes. The escrow agent that was

Haigh v. Planning Bd. of Town of Medfield

940 So. 2d 1230, 2006 Fla. App. LEXIS 18452, 2006 WL 3102275

District Court of Appeal of Florida | Filed: Nov 3, 2006 | Docket: 1523997

Cited 3 times | Published

judgment debtor may file suit contesting enforcement. § 55.509(1), Fla. Stat. (2005). Although Haigh did not

Dollar Sav. and Trust Co. v. Soltesiz

636 So. 2d 63, 1994 WL 84103

District Court of Appeal of Florida | Filed: Mar 16, 1994 | Docket: 1361294

Cited 3 times | Published

1990. Attempting to utilize the provisions of section 55.509(1), Florida Statutes (1989), the Soltesizes

Hinchee v. Golden Oak Bank

540 So. 2d 262, 1989 WL 29033

District Court of Appeal of Florida | Filed: Mar 31, 1989 | Docket: 1294471

Cited 3 times | Published

court or the validity of the foreign judgment. § 55.509(1), Fla. Stat. (1985). The analysis of full faith

Pratt v. Equity Bank, N.A.

124 So. 3d 313, 2013 WL 5379124, 2013 Fla. App. LEXIS 15290

District Court of Appeal of Florida | Filed: Sep 27, 2013 | Docket: 60235446

Cited 2 times | Published

the court that entered the foreign judgment. Id. § 55.509(1). If the judgment debtor wishes to dispute the

Williams v. Cadlerock Joint Venture, LP

980 So. 2d 1241, 2008 WL 1958692

District Court of Appeal of Florida | Filed: May 7, 2008 | Docket: 1736089

Cited 2 times | Published

the filing of the action by the judgment debtor. § 55.509(1), Fla. Stat. (2005). We have previously held

Hogan v. Howard

716 So. 2d 286, 1998 WL 374718

District Court of Appeal of Florida | Filed: Jul 8, 1998 | Docket: 424785

Cited 2 times | Published

to object to a claim based on a judgment. Cf. § 55.509, Fla. Stat. (1997) (allowing a judgment debtor

Expedia, Inc. v. McKenney's, Inc.

611 So. 2d 98, 1992 WL 387427

District Court of Appeal of Florida | Filed: Dec 31, 1992 | Docket: 1678962

Cited 2 times | Published

The action, which was brought pursuant to section 55.509(1), Florida Statutes (1991), effectively stayed

Trans Healthcare, Inc. v. Creekmore

137 So. 3d 1112, 2014 WL 1230498, 2014 Fla. App. LEXIS 4409

District Court of Appeal of Florida | Filed: Mar 26, 2014 | Docket: 60240173

Cited 1 times | Published

order in the recognition case as permitted by section 55.509, Florida Statutes (2009). See, e.g., Cadle

Jackson v. Alexander

706 So. 2d 364, 1998 WL 31451

District Court of Appeal of Florida | Filed: Jan 30, 1998 | Docket: 1280905

Cited 1 times | Published

because he had not yet posted bond in accord with section 55.509, Florida Statutes. The trial court did not

Liberty New v. Charles Bennett

249 So. 3d 704

District Court of Appeal of Florida | Filed: Jun 4, 2018 | Docket: 7024337

Published

retry the foreign court’s findings of fact. See § 55.509, Fla. Stat. Here, the trial court initiated

Gorny v. Leger

114 So. 3d 238, 2013 WL 132458, 2013 Fla. App. LEXIS 469

District Court of Appeal of Florida | Filed: Jan 11, 2013 | Docket: 60231818

Published

judgment pursuant to Florida Statutes § 55.501- § 55.509. 4. The Court finds that certain requirements

Boats Express, Inc. v. Thackeray

978 So. 2d 206, 2008 Fla. App. LEXIS 4327, 2008 WL 782880

District Court of Appeal of Florida | Filed: Mar 26, 2008 | Docket: 64854387

Published

pendens directed toward the foreign judgment.” § 55.509(1). There is little guidance in the law concerning

Cadle Co. v. Jay

907 So. 2d 634, 2005 Fla. App. LEXIS 11972, 2005 WL 1761985

District Court of Appeal of Florida | Filed: Jul 27, 2005 | Docket: 64839689

Published

Bank, 540 So.2d 262 (Fla. 2d DCA 1989); see also § 55.509(1), Fla. Stat. (2001). However, the jurisdiction

New York State Commissioner of Taxation & Finance v. Hayward

902 So. 2d 309, 2005 Fla. App. LEXIS 7956, 2005 WL 1229681

District Court of Appeal of Florida | Filed: May 25, 2005 | Docket: 64838420

Published

date on which the foreign judgment was recorded. § 55.509, Fla. Stat. (2005). The Haywards did contest the

CREDIT COUNSELING FOUNDATION, INC. v. Hylkema

901 So. 2d 892, 2005 Fla. App. LEXIS 4664, 2005 WL 767085

District Court of Appeal of Florida | Filed: Apr 6, 2005 | Docket: 2586300

Published

personal jurisdiction over him." [c.o.] Id.; see also § 55.509(1), Fla. Stat. (2004) ("If, within 30 days after

Cruz v. Desert Palace, Inc.

770 So. 2d 306, 2000 Fla. App. LEXIS 14620, 2000 WL 1671443

District Court of Appeal of Florida | Filed: Nov 8, 2000 | Docket: 64801417

Published

reinstate the statutory period prescribed in section 55.509(1), Florida Statutes (1997), to oppose the

System One Southeast, Inc. v. Avery Dennison Corp.

704 So. 2d 665, 1997 Fla. App. LEXIS 13667, 1997 WL 777910

District Court of Appeal of Florida | Filed: Dec 10, 1997 | Docket: 64778356

Published

System One then filed an action pursuant to section 55.509(1), Florida Statutes challenging Ohio’s jurisdiction

Zimmerman v. Greate Bay Hotel & Casino, Inc.

683 So. 2d 1160, 1996 Fla. App. LEXIS 13134, 1996 WL 724122

District Court of Appeal of Florida | Filed: Dec 18, 1996 | Docket: 64769456

Published

contesting the New Jersey court’s jurisdiction, § 55.509, Fla.Stat. (1993), the process server testified

Walters v. Aquatic Sensors Corp.

633 So. 2d 475, 1994 Fla. App. LEXIS 994, 1994 WL 43422

District Court of Appeal of Florida | Filed: Feb 16, 1994 | Docket: 64746911

Published

validity of the foreign judgment, as required by Section 55.509, Florida Statutes. Appellee further argues

Leasefirst v. Allied Machinery of South Florida, Inc.

597 So. 2d 415, 1992 Fla. App. LEXIS 4477, 1992 WL 79729

District Court of Appeal of Florida | Filed: Apr 22, 1992 | Docket: 64666775

Published

its assets, appellee filed a proceeding under section 55.509(1), Florida Statutes (1991), claiming that

Trepte Construction Co. v. Kelley

541 So. 2d 1195, 13 Fla. L. Weekly 2087, 1988 Fla. App. LEXIS 3923, 1988 WL 91153

District Court of Appeal of Florida | Filed: Sep 6, 1988 | Docket: 64641950

Published

PER CURIAM. Because the provisions of neither section 55.509(1) nor (2), Florida Statutes (1987) were complied

Lederer v. Perry, First, Reiher, Lerner & Quindel, S.C.

511 So. 2d 608, 1987 Fla. App. LEXIS 8929, 12 Fla. L. Weekly 1516

District Court of Appeal of Florida | Filed: Jun 17, 1987 | Docket: 64628956

Published

PER CURIAM. Affirmed. See section 55.509(1), Florida Statutes (1985); Dusesoi v. Dusesoi, 498 So.2d