Imagine that your long time international business client calls you one day, in a panic, to tell you that a foreign court has entered a judgment against his company. Now, some local lawyer is attempting to “domesticate” that judgment and enforce it against your client in the United States. The judgment is for a large dollar amount and the stakes are high. But the case is already over, isn’t it? Your client has already lost, hasn’t it?
Of course not.
This is because foreign legal systems do not always comport with our notions of “due process” and substantial justice. Look carefully at the foreign judgment and the proceedings and circumstances which gave rise to it. There may be ample reason/opportunity for you to poke holes in it and, ultimately, defeat the entry of the judgment.
Foreign country judgments in Florida are governed by F.S. § 55.605. That Statute provides several reasons…
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