Federal Deposit Ins. Corp. v. Panelfab Intern. Corp., 86-1318
| Decision Date | 27 January 1987 |
| Docket Number | No. 86-1318,86-1318 |
| Parties | 12 Fla. L. Weekly 375 FEDERAL DEPOSIT INSURANCE CORPORATION, Appellant, v. PANELFAB INTERNATIONAL CORPORATION, Appellee. |
| Court | Florida District Court of Appeals |
Kimbrell & Hamann and Patricia H. Thompson, Miami, for appellant.
Canner & Glasser and Ilene Swickle, Hallandale, for appellee.
Before SCHWARTZ, C.J., and HUBBART and BASKIN, JJ.
We agree and affirm.
Section 55.502(1), Florida Statutes (1985), specifically defines the term "foreign judgment," which the Florida Enforcement of Foreign Judgments Act governs, as "any judgment, decree, or order of a court of any other state if such judgment, decree, or order is entitled to full faith and credit in this state." (emphasis added) Conspicuously absent from this definition is the term "court of the United States" which, in fact, appears in the Uniform Enforcement of Foreign Judgments Act. Unif.Enf. of Foreign Jdgmt. Act § 1 (1964). Moreover, our review of the legislative history of the Florida Act reveals a conscious legislative intent to delete the above provision from the uniform act so as to cover the judgments of state courts, but not those of federal courts. We therefore agree with the trial court that Section 55.502(1), Florida Statutes (1985), does not embrace a federal court judgment and, therefore, the subject judgment herein could not be domesticated in Florida pursuant to the Florida Enforcement of Judgments Act.
Nor are we persuaded, as urged, that the full faith and credit clause of the United States Constitution [Art. IV, § 1, U.S. Const.] is offended by such an interpretation. This is so because all the present act does is accord to foreign state judgments the same treatment of notice recording within this state as presently exists for foreign...
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