Florida Asset Protection Case: “Renewed” Judgment is Enforceable Action on Judgment

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A recent Palm Beach County case illustrates the problems that a Florida judgment creditor can have when trying to enforce a judgment in another jurisdiction. In Corzo v. West, the judgment creditor had to jump through several hoops in response to a Georgia court’s refusal to recognize a 20+ year old judgment. And it’s not over yet.

The Takeaway

Florida attorneys should know how to use an action on judgment to facilitate enforcement of a judgment when the statute of limitations is about to expire. And it doesn’t hurt to style your pleadings correctly.

Summary of Holding

4DCA: In spite of confusing terminology, a “renewed” judgment was an action on judgment and, as such, was a separate cause of action. Although the action on judgment would have been barred by the statute of limitations, that defense was waived since it wasn’t pleaded.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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