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401 So. 2d 871

Klee v. Cola

District Court of Appeal of Florida · decided 1981-07-15

Relies on Whiteside v. Dinkins

Good law ✅— No negative treatment on recordhow we know

Decided 1981-07-15

How this case has been cited

Cited by 5 later decisions — most recently June 2011

4 state decisions

201981199020002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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PER CURIAM.

¶1Louisa Cola, plaintiff in the trial court, brought an action against Carvel A. Klee, to establish and enforce a New Jersey judgment in the State of Florida. From the final judgment of the circuit court giving full faith and credit to the foreign judgment, Klee appeals. We affirm.

¶2Attached to the complaint in the Florida action was an exemplified copy of a New Jersey judgment in favor of appellee/Cola and jointly and severally against five defendants, including appellant/Klee. The parties herein stipulated to the existence of the New Jersey judgment and to appellant’s failure to make payment thereunder. Following a non-jury trial, final judgment was entered for Cola and this appeal ensued.

¶3While the notice of appeal filed by appellant refers to the circuit court judgment as the order to be reviewed, appellant’s arguments on appeal deal solely with the New Jersey proceeding. In other words, appellant is attempting to use this appeal to relitigate the issues dealt with by the New Jersey court. This he cannot do. The merits of an original cause of action may not be re-litigated in an action on a judgment. See Whiteside v. Dinkins, 86 Fla. 261, 97 So. 517 (1923); 47 Am.Jur.2d Judgments § 931; 19 Fla.Jur. Judgments and Decrees § 510. Therefore, since appellant has failed to allege any error in the Florida proceedings, we affirm the judgment being appealed.

¶4Affirmed.

LETTS, C. J., and MOORE and HURLEY, JJ., concur.
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