Florida Debtor
November 17, 2017, 10:37:48 PM *
Welcome, Guest. Please login or register.

Login with username, password and session length
News: Florida Debtor - Now even better!
 
   Home   Help Search Login Register  
Pages: [1]
  Print  
Author Topic: No contempt on enforcement on junk debt Money Judgments  (Read 3493 times)
fraudfighter
Moderator
Newbie
*****
Posts: 370


View Profile
« on: December 08, 2006, 12:38:22 PM »

Money Judgments  Berman’s Book
Rule 1.570

Para. 570. 3 Money Judgments

Jurisdiction to Enforce Judgment
As a prerequisite to issuance of final process or other proceedings to satisfy a judgment, the judgment to be satisfied must be final.
See, e.g., New Saga Corp. v. Strongwill Corp., 565 So.2d 407, 408 (Fla. 3rd DCA 1990) (it is improper for a court to let execution issue on partial summary judgment for damages);
Shakarian v. Daum, 561 So.2d 1222, 1223 (Fla. 2nd DCA 1990) (execution is permitted only on judgments which determine with finality rights and liabilities of parties).
As to the effect of premature issuance of final process, see Commentary para. 550.4[4], supra.

Additionally, the judgment must grant only relief that is consistent with the jurisdiction of the court invoked by the pleadings.
See, e.g., George Vining & Sons, Inc. v. Jones, 498 So.2d 695, 697 (Fla. 5th DCA 1986) (in action for money damages, lower court lacked jurisdiction to enter or enforce under Rule 1.570(c ) a stipulated judgment requiring defendant to repair a roof.).

Available Methods of Enforcement
When a final judgment provides solely for the payment of money,
As to what constitutes “a judgment solely for the payment of money” for purpose of Rule 1.570(a), see Garcia v. Garcia, 743 So.2d 1225, 1227 (Fla. 4th DCA 1999)
(holding that Despite the court’s power pursuant to Rule 1.570(c) to enforce by contempt judgments compelling parties to perform specific acts, a court may not hold a party in contempt for failing to pay a money judgment,
Burke v. Burke, 336 So.2d 1237, 1238 (Fla. 4th DCA 1976) (reversing only that part of an order holding defendant/appellant in contempt for failure to pay money portion of judgment, but holding that the remainder of the order did not run afoul of the provision of Fla. Const. art. I, s.11, that
Logged
Pages: [1]
  Print  
 
Jump to:  

Powered by MySQL Powered by PHP Powered by SMF 1.1.11 | SMF © 2006-2009, Simple Machines LLC Valid XHTML 1.0! Valid CSS!