Haskin v. Haskin, 4D00-729.
| Decision Date | 21 February 2001 |
| Docket Number | No. 4D00-729.,4D00-729. |
| Parties | Eugene HASKIN, Appellant, v. Judith HASKIN, Appellee. |
| Court | Florida District Court of Appeals |
Barry S. Franklin of Barry S. Franklin & Associates, P.A., North Miami Beach, for appellant. Robert B. Resnick of The Law Offices of Robert B. Resnick, P.A., Boca Raton, for appellee.
Eugene Haskin, the former husband, appeals a circuit court order modifying a New Jersey divorce decree by increasing permanent periodic alimony in favor of the former wife, Judith Haskin. We affirm.
On April 13, 1992, the former wife filed a petition seeking to establish the New Jersey decree, and subsequent modifications, as a Florida judgment. In June 1992, the former wife filed an amended petition. The petition also sought an increase in permanent alimony payments because of a "substantial change" in her circumstances. In 1993, the trial judge dismissed the case. This court reversed in Haskin v. Haskin, 677 So.2d 376 (Fla. 4th DCA 1996), and remanded the case for a new hearing. The case proceeded to trial on the amended petition on January 11, 2000. The trial court entered its order granting modification on January 27, 2000.
We write primarily to address one issue. The former husband argues that the trial court erred in ruling on the modification because no order expressly domesticated the New Jersey decree that the former wife sought to modify.
From the record, it does not appear that the former wife sought to domesticate the New Jersey decree pursuant to the Florida Enforcement of Foreign Judgments Act, sections 55.501-55.509, Florida Statutes (2000). However, the Act does not preclude a common law action to enforce a final judgment; section 55.502(2) provides that the Act "shall not be construed to impair the right of a judgment creditor to bring an action to enforce his or her judgment instead of proceeding under this act." See Le Credit Lyonnais, S.A. v. Nadd, 741 So.2d 1165, 1168 (Fla. 5th DCA 1999),
rev. granted, 760 So.2d 947 (Fla.2000).
In evaluating the modification order in this case, we agree with the approach of the third district in Pettigrew v. Pettigrew, 518 So.2d 986, 987-88 (Fla. 3d DCA 1988), that "substance must be elevated over form" so that the order should be "treated as if it expressly stated what it clearly involved[,]" the domestication of the New Jersey decree. The original complaint sought domestication. It was clear that the former...
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