Wednesday, August 19, 2009

Action On Prior Judgment Is Continuation Of Original Action

In Petersen v. Whitson (2D09-877), the Second District reviewed an action upon a judgment. A judgment was obtained in Florida against a Florida resident. After the entry of the judgment, the resident moved to Georgia. The judgment creditor filed an action on the judgment and the judgment debtor moved to dismiss for lack of personal jurisdiction.

The court held:

In our view, an action on a judgment, whether under a new complaint or by a writ of scire facias, is a continuation of the original action. See McGraw v. Parsons, 369 N.W.2d 251, 252 (Mich. Ct. App. 1985). From this premise, it follows that the court that rendered the judgment in the original action has continuing jurisdiction over the defendant in an action to renew the judgment. See Huff v. Pharr, 748 F.2d 1553, 1555 (11th Cir. 1984); Cadle Co. II, Inc. v. Fiscus, 78 Cal. Rptr. 3d 238, 244 (Cal. Ct. App. 2008); Kaylor v. Turner, 435 S.E.2d 233, 235 (Ga. Ct. App. 1993), disapproved on other grounds by Okekpe v. Commerce Funding Corp., 463 S.E.2d 23, 25 (Ga. Ct. App. 1995); Bank of Edwardsville v. Raffaelle, 45 N.E.2d 651, 653 (Ill. 1942); Bahan v. Youngstown Sheet & Tube Co., 191 So. 2d 668, 671-72 (La. Ct. App. 1966); Ewing v. Bolden, 486 N.W.2d 96, 101 (Mich. Ct. App. 1992); McGraw, 369 N.W.2d at 252; Duffy v. Hartsock, 46 S.E.2d 570, 574 (Va. 1948). Thus the circuit court had continuing jurisdiction over the judgment debtor and properly denied his motion to dismiss.


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