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Florida Statute 55.509 | Lawyer Caselaw & Research
F.S. 55.509 Case Law from Google Scholar
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The 2023 Florida Statutes (including Special Session C)

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.

F.S. 55.509 on Google Scholar

F.S. 55.509 on Casetext

Amendments to 55.509


Arrestable Offenses / Crimes under Fla. Stat. 55.509
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 55.509.



Annotations, Discussions, Cases:

Cases from cite.case.law:

E. GIL DE LAMADRID, v. DE JESUS RIVERA a k a, 272 So. 3d 845 (Fla. App. Ct. 2019)

. . . In August 2017, Petitioner sought to domesticate the foreign judgment pursuant to sections 55.501 - 55.509 . . .

NEW, v. BENNETT,, 249 So. 3d 704 (Fla. App. Ct. 2018)

. . . See § 55.509, Fla. Stat. . . .

PATRICK, v. HESS,, 212 So. 3d 1039 (Fla. 2017)

. . . (“As used in ss. 55.501-55.509, the term ‘foreign judgment’ means any judgment, decree, or order of a . . . —Sections 55.501-55.509 may be cited as the “Florida Enforcement of Foi’eign Judgments Act.” 55.502 Construction . . . of act.— (1) As used in ss. 55.501-55.509, the term “foreign judgment” means any judgment, decree, or . . .

B. PHILLIPS S. v. EPIC AVIATION, LLC,, 234 F. Supp. 3d 1174 (M.D. Fla. 2017)

. . . . §§ 55.501-55.509. Bonita B. Phillips (Bonnie Phillips or Mrs. . . .

HESS, v. T. PATRICK,, 164 So. 3d 19 (Fla. Dist. Ct. App. 2015)

. . . .— (1) As used in ss. 55.501-55.509, the term “foreign judgment” means any judgment, decree, or order . . .

TRANS HEALTHCARE, INC. v. CREEKMORE,, 137 So. 3d 1112 (Fla. Dist. Ct. App. 2014)

. . . did not contest the validity of the Maryland order in the recognition case as permitted by section 55.509 . . .

TANNENBAUM, v. H. SHEA,, 133 So. 3d 1056 (Fla. Dist. Ct. App. 2014)

. . . See §§ 55.501-55.509, Fla. Stat. (2009). . . .

R. PRATT, v. EQUITY BANK, N. A., 124 So. 3d 313 (Fla. Dist. Ct. App. 2013)

. . . . § 55.509(1). . . .

GORNY, v. L. ST. LEGER,, 114 So. 3d 238 (Fla. Dist. Ct. App. 2013)

. . . Wife has indicated that she has registered a foreign judgment pursuant to Florida Statutes § 55.501- § 55.509 . . .

ZITANI, v. REED, 992 So. 2d 403 (Fla. Dist. Ct. App. 2008)

. . . within thirty days contesting the enforcement of this judgment in Florida as authorized by section 55.509 . . .

WILLIAMS, v. CADLEROCK JOINT VENTURE, L. P., 980 So. 2d 1241 (Fla. Dist. Ct. App. 2008)

. . . . § 55.509(1), Fla. Stat. (2005). . . .

BOATS EXPRESS, INC. d b a D. v. THACKERAY,, 978 So. 2d 206 (Fla. Dist. Ct. App. 2008)

. . . .” § 55.509(1). . . . enforceability of the foreign judgment does not commence at the expiration of the thirty-day period. ' See § 55.509 . . . See § 55.509(2); Expedia, Inc. v. . . . The hearings conducted in this case were not held pursuant to section 55.509(2) to modify the stay created . . .

In H. MEAD, H. v., 374 B.R. 296 (Bankr. M.D. Fla. 2007)

. . . When an action authorized in s. 55.509(1) is filed, it acts as an automatic stay of the effect of this . . .

C. HAIGH, v. PLANNING BOARD OF TOWN OF MEDFIELD,, 940 So. 2d 1230 (Fla. Dist. Ct. App. 2006)

. . . . § 55.509(1), Fla. Stat. (2005). . . .

GROUP W. INC. v. WILLIAM H. MORRIS COMPANY, a H. J. L. L., 932 So. 2d 275 (Fla. Dist. Ct. App. 2005)

. . . Wilson attempted to domesticate the California judgment pursuant to sections 55.501-55.509, Florida Statutes . . .

CADLE COMPANY, v. JAY, 907 So. 2d 634 (Fla. Dist. Ct. App. 2005)

. . . See Florida Enforcement of Foreign Judgments Act, §§ 55.501-55.509, Fla. . . . proceedings in Florida, the Jays moved to quash the notice of recording foreign judgment pursuant to section 55.509 . . . Golden Oak Bank, 540 So.2d 262 (Fla. 2d DCA 1989); see also § 55.509(1), Fla. Stat. (2001). . . .

NEW YORK STATE COMMISSIONER OF TAXATION AND FINANCE, v. H. HAYWARD O., 902 So. 2d 309 (Fla. Dist. Ct. App. 2005)

. . . . § 55.509, Fla. Stat. (2005). The Haywards did contest the validity of the New York judgment. . . .

In A. GOODWIN,, 325 B.R. 328 (Bankr. M.D. Fla. 2005)

. . . Ch.’s 55.501-55.509(2004). . . .

CREDIT COUNSELING FOUNDATION, INC. v. HYLKEMA,, 901 So. 2d 892 (Fla. Dist. Ct. App. 2005)

. . . .; see also § 55.509(1), Fla. . . .

WHIPPLE, v. JSZ FINANCIAL COMPANY, INC., 885 So. 2d 933 (Fla. Dist. Ct. App. 2004)

. . . foreign judgment within thirty days after it was recorded in Florida; therefore, pursuant to section 55.509 . . . Section 55.509, “Stay of enforcement of foreign judgment,” states: (1) If, within 30 days after the date . . . upon requiring the same security for satisfaction of the judgment which is required in this state. § 55.509 . . . Nichols, 613 So.2d 137, 138 (Fla. 4th DCA 1993)(section 55.509, Florida Statutes, means only that if . . .

NEW YORK STATE DEPARTMENT OF TAXATION AND FINANCE, v. KLEIN,, 852 So. 2d 866 (Fla. Dist. Ct. App. 2003)

. . . consider the possible applicability of the Florida Enforcement of Foreign Judgments Act, sections 55.501-55.509 . . .

NEW YORK STATE DEPARTMENT OF TAXATION, v. J. PATAFIO, JR., 829 So. 2d 314 (Fla. Dist. Ct. App. 2002)

. . . 55.607, has a similar provision, and the Florida Enforcement of Foreign Judgments Act, sections 55.501-55.509 . . . consider the possible applicability of the Florida Enforcement of Foreign Judgments Act, sections 55.501-55.509 . . .

NADD, v. LE CREDIT LYONNAIS, S. A., 804 So. 2d 1226 (Fla. 2001)

. . . .” §§ 55.501-55.509, Fla. Stat. . . . .

A. CAIAZZA E. v. TUFF REALTY CORPORATION,, 805 So. 2d 29 (Fla. Dist. Ct. App. 2001)

. . . The Florida Enforcement of Foreign Judgments Act, sections 55.501-55.509, Florida Statutes (2000), is . . .

BURSHAN, M. D. v. NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA. a, 805 So. 2d 835 (Fla. Dist. Ct. App. 2001)

. . . unre-vived judgment of another state under the Florida Enforcement of Foreign Judgments Act, §§ 55.501-55.509 . . .

HASKIN, v. HASKIN,, 781 So. 2d 431 (Fla. Dist. Ct. App. 2001)

. . . the New Jersey decree pursuant to the Florida Enforcement of Foreign Judgments Act, sections 55.501-55.509 . . .

CRUZ, v. DESERT PALACE, INC., 770 So. 2d 306 (Fla. Dist. Ct. App. 2000)

. . . order denying appellant, Emilio Cruz’s motion to reinstate the statutory period prescribed in section 55.509 . . . of the recording of the foreign judgment in an action for a stay of enforcement pursuant to section 55.509 . . . Section 55.509 provides: (1) If, within 30 days after the date the foreign judgment is recorded, the . . . When an action authorized in s. 55.509(1) is filed, it acts as an automatic stay of the effect of this . . .

O. MUKA, v. HORIZON FINANCIAL CORPORATION, D., 766 So. 2d 239 (Fla. Dist. Ct. App. 2000)

. . . . §§ 55.501-55.509, Fla. Stat. (1999). . Art. IV, section 1, U.S. . . .

J. LORENZO, v. SKOWRONSKI- THOMPSON,, 738 So. 2d 967 (Fla. Dist. Ct. App. 1999)

. . . permitted Thompson to proceed under Florida’s Uniform Enforcement of Foreign Judgments Act, sections 55.501-55.509 . . . Since Thompson recorded the New York divorce decree pursuant to sections 55.501-55.509, Florida Statutes . . .

JACKSON, v. V. ALEXANDER,, 706 So. 2d 364 (Fla. Dist. Ct. App. 1998)

. . . ruled that Petitioner’s motion was premature because he had not yet posted bond in accord with section 55.509 . . . Section 55.509, Florida Statutes, provides Stay of enforcement of foreign judgment. (1) If, within 30 . . . Section 55.505(3), Florida Statutes, provides that “[w]hen an action authorized in s. 55.509(1) is filed . . . the judgment creditor from initiating foreclosure of judgment lien, when the debtor files a section 55.509 . . . This court held that a stay granted under either section 55.509(1) or subsection (2) requires a bond. . . .

SYSTEM ONE SOUTHEAST, INC. d b a v. AVERY DENNISON CORPORATION, f k a, 704 So. 2d 665 (Fla. Dist. Ct. App. 1997)

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

ZIMMERMAN v. GREATE BAY HOTEL AND CASINO, INC., 683 So. 2d 1160 (Fla. Dist. Ct. App. 1996)

. . . At the hearing on Zimmermans’ action contesting the New Jersey court’s jurisdiction, § 55.509, Fla.Stat . . .

TABET, v. TABET,, 644 So. 2d 557 (Fla. Dist. Ct. App. 1994)

. . . See §§ 55.501-55.509, Fla.Stat. (1993). . . .

DOLLAR SAVINGS AND TRUST COMPANY, v. R. SOLTESIZ M. P. T. M. DOLLAR SAVINGS AND TRUST COMPANY, v. BARNETT BANK OF SOUTHWEST FLORIDA R. M., 636 So. 2d 63 (Fla. Dist. Ct. App. 1994)

. . . Attempting to utilize the provisions of section 55.509(1), Florida Statutes (1989), the Soltes-izes, . . . In doing so, we interpret sections 55.10, 55.502, 55.503, 55.505, 55.507 and 55.509 (§§ 55.501-55.509 . . . or the culmination of any action filed pursuant to section 55.509. . . . When an action authorized in s. 55.509(1) is filed, it acts as an automatic stay of the effect of this . . . Strangely enough, section 55.509, in speaking to an action filed thereunder, provides that “the Court . . .

WALTERS, v. AQUATIC SENSORS CORPORATION,, 633 So. 2d 475 (Fla. Dist. Ct. App. 1994)

. . . court entering the foreign judgment or the validity of the foreign judgment, as required by Section 55.509 . . . This explanation would be wholly sufficient but for the fact that it views Section 55.509(1), Florida . . . Section 55.509(2), however, provides: (2) If the judgment debtor shows the circuit or county court any . . . Indeed, one Florida district court has found the stay provision of Section 55.509(2), Florida Statutes . . . (1) as well as Section 55.509(2)); see also Expedia, Inc. v. . . .

NICHOLS, v. NICHOLS,, 613 So. 2d 137 (Fla. Dist. Ct. App. 1993)

. . . foreign judgment within thirty (30) days of the date of recording the judgment, pursuant to section 55.509 . . . homestead property, and a petition to contest the validity of the foreign judgment pursuant to section 55.509 . . . issue until 30 days after the mailing of notice by the clerk [to the judgment debtor],” and section 55.509 . . . shown the circuit court “any ground upon which enforcement of [the] judgment ... would be stayed_” § 55.509 . . . stayed, and the question of whether the former husband is required to post a bond pursuant to section 55.509 . . .

EXPEDIA, INC. a v. McKENNEY S, INC. a, 611 So. 2d 98 (Fla. Dist. Ct. App. 1992)

. . . The action, which was brought pursuant to section 55.509(1), Florida Statutes (1991), effectively stayed . . . After a hearing on McKenney’s motion, “and after considering section 55.509(2), Florida Statutes,” the . . . appeal, the parties’ arguments confirm that the issue involves the proper interpretation of section 55.509 . . . , Expedia argues that it was entitled to a stay of enforcement upon filing its action under section 55.509 . . . The statute which we are called upon to interpret, provides as follows: 55.509 Stay of enforcement of . . .

LEASEFIRST, v. ALLIED MACHINERY OF SOUTH FLORIDA, INC. Sr., 597 So. 2d 415 (Fla. Dist. Ct. App. 1992)

. . . To head off the inevitable execution on its assets, appellee filed a proceeding under section 55.509( . . .

JONES, v. DIRECTORS GUILD OF AMERICA, INC. a H. f s o Jr., 584 So. 2d 1057 (Fla. Dist. Ct. App. 1991)

. . . having been filed and recorded there under the Florida Enforcement of Foreign Judgments Act, §§ 55.501-55.509 . . . not attack the validity of the foreign judgments within 30 days as required, they argue, by section 55.509 . . . Section 55.509 provides that if the judgment debtor collaterally attacks the foreign judgment within . . .

SCG TRAVEL, INC. a v. WESTMINSTER FINANCIAL CORPORATION, a, 583 So. 2d 723 (Fla. Dist. Ct. App. 1991)

. . . These actions were accompanied by the notices of lis pendens required by section 55.509(1). . . . They argued that section 55.509(1) entitled them to a stay without bond because they had furnished the . . . Under the statutory scheme here, the debtor gets a stay merely by filing the section 55.509 contest of . . . Hence we first look at the text of the statute itself: 55.509 Stay of enforcement of foreign judgment . . . Section 55.509 was first adopted in 1984. See Chapter 84-5, Laws of Florida. . . .

MICHAEL ANTHONY JEWELERS, INC. v. TOAN, INC., 46 Fla. Supp. 2d 183 (Fla. Cir. Ct. 1991)

. . . NEWKIRK and CLAUER, filed a Petition Contesting Foreign Judgment pursuant to Florida Statutes Section § 55.509 . . .

GIBSON a k a v. BENNETT,, 561 So. 2d 565 (Fla. 1990)

. . . When that judgment is recorded in Florida, sections 55.501-55.509, Florida Statutes (1987), come into . . . For this type of action I believe that §§ 55.501-55.509, Fla.Stat. (1987), make the general rule that . . .

D. HINCHEE A. v. GOLDEN OAK BANK,, 540 So. 2d 262 (Fla. Dist. Ct. App. 1989)

. . . . § 55.509(1), Fla.Stat. (1985). . . .

In ANERINBEX, INC. ANERINBEX, INC. v. COMMERCE BANK OF TAMPA, a a, 98 B.R. 573 (Bankr. M.D. Fla. 1989)

. . . state court domesticated its Texas judgment by complying with the Foreign Judgments Acts § 55.50155.509 . . .

TREPTE CONSTRUCTION COMPANY, INC. v. L. KELLEY,, 541 So. 2d 1195 (Fla. Dist. Ct. App. 1988)

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

M. TIPTON, v. VAN SCHOUWEN,, 526 So. 2d 138 (Fla. Dist. Ct. App. 1988)

. . . brought an action under the Florida Enforcement of Judgments Act, Florida Statutes, sections 55.501-55.509 . . .

N C PROPERTIES, v. VANGUARD BANK AND TRUST COMPANY,, 519 So. 2d 1048 (Fla. Dist. Ct. App. 1988)

. . . N & C filed a petition to stay enforcement of the foreign judgment, pursuant to section 55.509, Florida . . .

LEDERER v. PERRY, FIRST, REIHER, LERNER QUINDEL, S. C. a, 511 So. 2d 608 (Fla. Dist. Ct. App. 1987)

. . . See section 55.509(1), Florida Statutes (1985); Dusesoi v. . . .

SEPHUS v. GOZELSKI, a k a HUNTER v. M. HUSTEAD,, 670 F. Supp. 1552 (S.D. Fla. 1987)

. . . has since enacted the Florida Enforcement of Foreign Judgments Act, Florida Statutes Section 55.501-55.509 . . .