Cadle Co. v. Brodksy

Final Judgment on Laches


The Cadle Company is in the business of buying judgments cheap and then pursuing collection on those judgments. In this case, Cadle purchased a judgment in Louisiana and domesticated in Bay County, Florida. Cadle filed suit to foreclose its money judgment on the property of Mr. Brodsky who was not the judgment debtor but had purchased property previously belonging to the judgment debtor. What makes this case unique is that the main defense was one of laches -- i.e. Cadle had the opportunity to collect on the judgment while the judgment debtor still owned the property but, instead, sat on its rights until the property had been sold to a subsequent purchaser who then sold the property to Mr. Brodksy.

At trial, the court found Cadle failed to carry its burden of proof that it diligently pursued it remedies and made all reasonable efforts to collect the judgment against the Judgment Debtor. The trial court also found Appellees sustained their burden of proof as to their affirmative defenses of laches. Accordingly, the trial court ruled in favor of Brodsky and Regions and cut off Cadle’s right to satisfy its judgment as to the homestead of Mr. Brodsky.

The First DCA affirmed the trial court's judgment.

Laches is a defense that every law school student studies, but rarely plays a role in a real world case. In this matter, it was dispotive in denying Cadle Co. the right to execute its judgment against Mr. Brodsky's property.

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Reference Info:Decision | State, 11th Circuit, Florida | United States

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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