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Jackson v. Stelco Employees' Credit Union Ltd.

District Court of Appeal of Florida, Fourth District
Nov 1, 1967
203 So. 2d 669 (Fla. Dist. Ct. App. 1967)

Opinion

No. 1359.

November 1, 1967.

Appeal from the Court of Record for Brower County, Russell E. Seay, Jr., J.

Burton E. Burdick, of Moore, Burdick, Donahoe Fogan, Fort Lauderdale, for appellants.

Robert B. Butler, of Ellis, Spencer Butler, Hollywood, for appellee.


This is an appeal from a summary final judgment entered against defendants in the lower court in a suit upon a money judgment entered in the Province of Ontario, Dominion of Canada. A defense was that the Canadian Court lacked jurisdiction over defendants.

It appears from the record that the "papers" in the Canadian suit were served upon defendants in Broward County and that they did not appear in the suit. The "papers" are identified as "the summons and complaint" in the suit then pending in Canada.

The present suit has no reference to the original obligation. It is based solely on the obligation growing out of the entry of the final judgment in Canada.

A judgment of a foreign country entered under such circumstances does not comport with American ideals relating to "due process" and should not be recognized in Florida under rules of comity. See Markham v. Nisbet, Fla. 1952, 60 So.2d 393.

Reversed.

CROSS and McCAIN, JJ., concur.


Summaries of

Jackson v. Stelco Employees' Credit Union Ltd.

District Court of Appeal of Florida, Fourth District
Nov 1, 1967
203 So. 2d 669 (Fla. Dist. Ct. App. 1967)
Case details for

Jackson v. Stelco Employees' Credit Union Ltd.

Case Details

Full title:DOUGLAS JACKSON AND JOYCE JACKSON, HIS WIFE, APPELLANTS, v. STELCO…

Court:District Court of Appeal of Florida, Fourth District

Date published: Nov 1, 1967

Citations

203 So. 2d 669 (Fla. Dist. Ct. App. 1967)

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