Saturday, May 9, 2009

Stay of Execution Pending Appeal Reversed

In Tettamanti v. Opcion Sociedad Anonima (3D09-215) the Third DCA reversed the trial court's order staying execution on a judgment pending appeal. The plaintiff recorded a foreign judgment, entered by an Argentinian Court, in Florida.  The stay was reversed for two reasons:

1.) 55.607, Florida Statutes provides that "where the judgment debtor has appealed, or intends to appeal, in the foreign country (in this case Argentina), and has obtained a stay of the foreign judgment from the foreign court." Because the debtor had not presented any evidence to the trial court that they were appealing the foreign judgment, 55.607 did not apply.

2.) "Under the Act, the Florida judgment (which domesticated the Argentinean judgment) “shall be enforced in the same manner as the judgment of a court of this state.” § 55.604(5), Fla. Stat. (2008). To stay the Florida judgment, it will be necessary for the judgment debtors to post a bond. Fla. R. App. P. 9.310(b)(1)."


Post a Comment