Crane v. Nuta
| Decision Date | 18 June 1946 |
| Citation | 26 So.2d 670,157 Fla. 613 |
| Parties | CRANE v. NUTA. |
| Court | Florida Supreme Court |
Rehearing Denied July 8, 1946.
Arthur D. Crane, in pro. per., for petitioner.
Frank H Strahan, of Miami, for respondent.
Petitioner filed his declaration in the Civil Court of Record in and for Dade County, Florida, wherein he alleged:
'Plaintiff in person sues Louis Nuta for that heretofore towit July 9 1926, Buena Vista Bank, then a corporation organized and existing under the Banking laws of the State of Florida recovered judgment against said Louis Nuta in the sum of $342.31, no part whereof has been paid or satisfied.
Demurrer was interposed to this declaration. The declaration was amended by adding the following words, viz.: 'each of said assignments was for a valuable consideration.'
Thereafter the court entered an order sustaining the demurrer without leave to amend and thereafter entered final judgment in favor of the defendant on demurrer sustained. In due course and within the time allowed plaintiff appealed to the Circuit Court. On May 3, 1946, the judgment of the Civil Court of Record was affirmed by the Circuit Court of the 11th Judicial Circuit of Florida. No reason appears in the record to have been given by either the Judge of the Civil Court of Record or the Judges of the Circuit Court for the entry of the respective judgments. If there is any defect in the declaration it is that the declaration does not specifically allege that the judgment has not been paid. This defect could have readily been cured by amendment. It appears from the briefs filed by the respective parties that the demurrer to the declaration was probably sustained upon the theory that an action cannot be maintained on a domestic judgment by the owner and holder of such judgment. Section 95.01, Fla. Statutes 1941, same F.S.A., provides as follows:
'What deemed the commencement of action.
'An action shall be deemed to be commenced, within the meaning of this chapter, when the summons or other original process shall be delivered to the proper officer to be served.'
Subparagraph (1) of Section 95.11 provides as follows:
'95.11. Limitations upon actions other than real actions. Actions other than those for the recovery of real property can only be commenced as follows:
'(1) Within twenty years.--An action upon a judgment or decree of a court of record in the State of Florida, and an action upon any contract, obligation or...
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Burshan v. NATIONAL UNION FIRE INS. COMPANY OF PITTSBURGH, PA.
...Every judgment gives rise to a common law cause of action to enforce it, called an action upon a judgment. In Crane v. Nuta, 157 Fla. 613, 615, 26 So.2d 670, 671 (1946), the supreme court held that section 95.11(1) did not bar a plaintiff in 1945 from bringing an action on a 1926 judgment. ......
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Petersen v. Whitson, No. 2D09-877.
...whether domestic or foreign, constitutes a cause of action upon which a new and independent action may be based." Crane v. Nuta, 157 Fla. 613, 26 So.2d 670, 671 (1946). "[T]he main purpose of an action on a judgment is to obtain a new judgment which will facilitate the ultimate goal of secu......
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Spa Creek Servs., LLC v. S.W. Cole, Inc.
...in Action , Black's Law Dictionary (9th ed. 2009)). A judgment also constitutes a cause of action or chose in action. Crane v. Nuta, 157 Fla. 613, 26 So.2d 670, 671 (1946). Thus, in this context, there is no difference between a cause of action and a chose in action.2 We find no error in th......
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Salinas v. Ramsey
...at 843–44. To the extent Kiesel is inconsistent with our holding in this case, we disapprove of Kiesel.2 See, e.g., Crane v. Nuta, 157 Fla. 613, 26 So.2d 670 (1946) (action by an assignee of a judgment to obtain a new judgment in the amount of the original); Workingmens Co-op. Bank v. Walla......
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Credit and collections
...law, each final judgment “is regarded as a cause of action … upon which a new and independent action may be based.” [ Crane v. Nuta , 26 So.2d 670, 671 (Fla.1946).] “The main purpose of an action on a judgment is to obtain a new and independent judgment which would ‘facilitate the ultimate ......
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Federal judgments in Florida - still good after five years.
...What, then, is "a new and independent action"? Guidance comes from the 1946 decision of the Florida Supreme Court in Crane v. Nuta, 26 So. 2d 670 (Fla. 1946), a decision rendered by a three-member panel of the court, two members of which had joined in the decision in The plaintiff, Crane, h......
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The Florida Enforcement of Foreign Judgments Act: What time limit applies?
...Rental Ltd. v. Coolidge B. & T. Co., 348 So. 2d 1237, 1238 (Fla. 2d D.C.A. 1977). [16] Id. [17] Id. [18] Id. [19] See Crane v. Nuta, 26 So. 2d 670, 671 (Fla. [20] Id. [21] FLA. STAT. [sections] 95.11 (1). [22] FLA. STAT. [sections] 95.11 (2)(a). [23] See Turner Murphy Co. v. Specialty C......