Cruz v. Desert Palace

Citation770 So.2d 306
Parties(Fla.App. 3 Dist. 2000) EMILIO CRUZ, Appellant, v. DESERT PALACE, INC., Appellee. NO. 3D00-966 JULY TERM, A.D. 2000
Decision Date08 November 2000
CourtCourt of Appeal of Florida (US)

Page 306

770 So.2d 306 (Fla.App. 3 Dist. 2000)
EMILIO CRUZ, Appellant,
NO. 3D00-966
JULY TERM, A.D. 2000
November 8, 2000.

An appeal from the Circuit Court for Dade County, Amy Steele Donner, Judge. LOWER TRIBUNAL NO. 98-20608

David S. Willig, for appellant.

No appearance for appellee.



This is an appeal from an order denying appellant, Emilio Cruz's motion to reinstate the statutory period prescribed in section 55.509(1), Florida Statutes (1997), to oppose the domestication of a foreign

Page 307

judgment due to his lack of notice.1 We reverse.

Appellee, Desert Palace, Inc. d/b/a Caesar's Palace ("Desert Palace") obtained a final default judgment against Cruz, on a gambling debt, in the United States District Court for Nevada on December 24, 1991. The district court subsequently renewed this judgment and extended it for a period of six years in an order dated November 4, 1997. On or about September 17, 1998, Desert Palace sought to domesticate this judgment in Florida by filing a certified copy of the judgment and affidavit for recording with the clerk of court for Miami-Dade County, Florida. The clerk of court and/or Desert Palace as the judgment debtor was then required to promptly provide notice of the recording of the foreign judgment to Cruz pursuant to section 55.505(2), Florida Statutes (1997).2 Within thirty days of such notice, Cruz would have an opportunity to challenge the validity of the recording of the foreign judgment in an action for a stay of enforcement pursuant to section 55.509. See 55.505(3)3. During this thirty day period, no execution or other process for enforcement of the foreign judgment can issue. 55.505(3).

According to the record before us, the clerk of court did attempt to provide notice of the recorded judgment to Cruz at an address provided by Desert Palace. The address, however, was incorrect and the notice and copy of the recorded judgment was returned to the clerk of court where it was simply placed in the court file. Desert Palace never attempted to provide any alternative notice to Cruz as prescribed by section 55.505(2).

After thirty days had elapsed from Desert Palace's recording of the foreign judgment, Desert Palace began discovery in aid of execution on the judgment. Cruz was apparently located and thereafter served with a subpoena for a deposition. Cruz...

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3 cases
  • In re Mead, Bankruptcy No. 05-13930.
    • United States
    • United States Bankruptcy Courts. Eleventh Circuit. U.S. Bankruptcy Court — Middle District of Florida
    • March 28, 2007
    ...Ordinarily, a judgment debtor must receive notice by mail of the recording of a foreign judgment. See Cruz v. Desert Palace, Inc., 770 So.2d 306, 308 (Fla.3d Dist.Ct.App.2000) (holding that process for enforcement of a judgment creditor's foreign judgment could not be commenced where judgme......
  • Pullo v. Pullo, 1D04-2155.
    • United States
    • Court of Appeal of Florida (US)
    • April 13, 2006 the judgment of dissolution, the $782.79 is the Former Wife's individual property to which the Former Husband has no claim. Ganzel, 770 So.2d at 306. By adopting and applying such rationale, we conclude that the former wife received an undivided individual property right in the former hu......
  • Ganzel v. Ganzel, 4D99-4229.
    • United States
    • Court of Appeal of Florida (US)
    • November 8, 2000
    ...Wife's 50% interest equaled the sum of $782.79 per month payable to her "commencing on the date monthly retirement actually commences 770 So.2d 306 being paid to the Participant under the Florida Retirement System." The Former Husband concedes that the funds deposited into DROP are retireme......

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