Florida Statute 55.605 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 55
JUDGMENTS

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F.S. 55.605

55.605 Grounds for nonrecognition.—

(1) An out-of-country foreign judgment is not conclusive if:

(a) The judgment was rendered under a system which does not provide impartial tribunals or procedures compatible with the requirements of due process of law.

(b) The foreign court did not have personal jurisdiction over the defendant.

(2) An out-of-country foreign judgment need not be recognized if:

(a) The defendant in the proceedings in the foreign court did not receive notice of the proceedings in sufficient time to enable him or her to defend.

(b) The judgment was obtained by fraud.

(c) The cause of action or claim for relief on which the judgment is based is repugnant to the public policy of this state.

(d) The judgment conflicts with another final and conclusive order.

(e) The proceeding in the foreign court was contrary to an agreement between the parties under which the dispute in question was to be settled otherwise than by proceedings in that court.

(f) In the case of jurisdiction based only on personal service, the foreign court was a seriously inconvenient forum for the trial of the action.

(g) The foreign jurisdiction where judgment was rendered would not give recognition to a similar judgment rendered in this state.

(h) The cause of action resulted in a defamation judgment obtained in a jurisdiction outside the United States, unless the court sitting in this state before which the matter is brought first determines that the defamation law applied in the foreign court’s adjudication provided at least as much protection for freedom of speech and press in that case as would be provided by the United States Constitution and the State Constitution.

(i) The judgment was rendered in circumstances that raise substantial doubt about the integrity of the rendering court with respect to the judgment.

(j) The specific proceeding in the foreign court leading to the judgment was not compatible with the requirements of due process of law.

History.—s. 5, ch. 94-239; s. 1359, ch. 95-147; s. 78, ch. 99-251; s. 11, ch. 2001-154; s. 8, ch. 2005-241; s. 1, ch. 2009-232; s. 1, ch. 2018-37.

F.S. 55.605 on Google Scholar

F.S. 55.605 on Casetext

Amendments to 55.605

Arrestable Offenses / Crimes under Fla. Stat. 55.605

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 55.605.

Annotations, Discussions, Cases:

Cases Citing Statute 55.605

Total Results: 10

Vuillermin v. Mitsubishi Electric Europe Bv

Court: Fla. Dist. Ct. App. | Date Filed: 2017-11-21T23:53:00-08:00

Snippet: grounds for non-recognition specified in section 55.605 of the Act. Vuillermin may not avoid the foreign

Vuillermin v. Mitsubishi Electric Europe Bv

Court: Fla. Dist. Ct. App. | Date Filed: 2017-11-21T23:53:00-08:00

Snippet: grounds for non-recognition specified in section 55.605 of the Act. Vuillermin may not avoid the foreign

Tettamanti v. Opcion Sociedad Anonima

Court: Fla. Dist. Ct. App. | Date Filed: 2011-07-20T00:00:00-07:00

Citation: 67 So. 3d 356, 2011 Fla. App. LEXIS 11371, 2011 WL 2848625

Snippet: find grounds for nonrecognition under sections 55.605 or 55.6055.5 Once recognition has been granted,

Eos Transport Inc. v. Agri-Source Fuels LLC

Court: Fla. Dist. Ct. App. | Date Filed: 2010-05-20T00:00:00-07:00

Citation: 37 So. 3d 349, 2010 Fla. App. LEXIS 6966, 2010 WL 2222259

Snippet: lacked personal jurisdiction over the defendant. § 55.605(1)(b), Fla. Stat.; see Chabert, 694 So.2d at 811…response to an objection to recognition. See §§ 55.605-.606, Fla. Stat. No Florida state court has squarely

Israel v. Flick Mortgage Investors, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 2008-11-26T00:00:00-08:00

Citation: 23 So. 3d 1196, 2008 Fla. App. LEXIS 17855, 2008 WL 4998760

Snippet: asserted under the Act. § 55.605, Fla. Stat. (2008). Rather, section 55.605(2)(a)the only provision of… in this state "[e]xcept as provided in s. 55.605" of the Act. § 55.603, Fla. Stat. (2008); …under this act") (emphasis added). Section 55.605 provides only ten grounds on which recognition …not have jurisdiction over the subject matter. § 55.605(1)(a)-(c), Fla. Stat. (2008). The remaining seven…sufficient time to enable him or her to defend." § 55.605(2)(a), Fla. Stat. (2008); see also Dart v. Balaam

Strod v. Lewenstark

Court: Fla. Dist. Ct. App. | Date Filed: 2007-06-27T00:53:00-07:00

Citation: 958 So. 2d 1138

Snippet: Statutes (2006), provides: Except as provided in s. 55.605, an out-of-country foreign judgment meeting the

Nadd v. Le Credit Lyonnais, SA

Court: Fla. | Date Filed: 2001-11-20T23:53:00-08:00

Citation: 804 So. 2d 1226

Snippet: implicated here. See § 55.605. Important for its absence from section 55.605 is any provision that the…Recognition and enforcement. Except as provided in s. 55.605, a foreign judgment meeting the requirements of…the judgment of a court of this state. . . . . 55.605 Grounds for nonrecognition. (1) A foreign judgment…grounds for nonrecognition enumerated in section 55.605 is applicable. The grounds for nonrecognition are

Le Credit Lyonnais, SA v. Nadd

Court: Fla. Dist. Ct. App. | Date Filed: 1999-09-10T00:53:00-07:00

Citation: 741 So. 2d 1165

Snippet: basis of the statutory grounds set forth in section 55.605, which deals with due process, personal jurisdiction

Laager v. Kruger

Court: Fla. Dist. Ct. App. | Date Filed: 1997-12-24T00:00:00-08:00

Citation: 702 So. 2d 1362

Snippet: conclude that none of the grounds listed in section 55.605, Florida Statutes, are present in this case to

Chabert v. Bacquie

Court: Fla. Dist. Ct. App. | Date Filed: 1997-05-14T00:00:00-07:00

Citation: 694 So. 2d 805

Snippet: jurisdiction over him. This ground is based on section 55.605(1)(b) of the Act, which provides that "[a]…Preliminarily, we note that subsection (1) of section 55.605 of the Act is phrased in mandatory terms: if any…. This contrasts with subsection (2) of section 55.605 which is phrased in permissive terms. *812 Hence…the Hague Service Convention, then under section 55.605(1)(b) we may not accord recognition to the French…for lack of personal jurisdiction under sections 55.605 and 55.606 if the personal service effected at