Salinas v. Ramsey

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In this case before the Supreme Court for review of a question of law certified by the United States Court of Appeals for the Eleventh Circuit, the Supreme Court answered that post-judgment discovery for the purpose of collecting a federal money judgment issued by a federal court in Florida is permitted for a period of twenty years from the date the judgment was entered.In this case, a federal district court in Florida entered a judgment awarding Judgment Creditors money damages against Judgment Debtor. Judgment Creditors filed a motion requesting an order compelling Judgment Debtor to complete a fact information sheet. The district court denied the motion, citing Balfour Beatty Bahamas, Ltd. v. Bush, 170 F.3d 1048, 1051 (11th Cir. 1999), which provides that post-judgment discovery aimed at collecting a money judgment issued by a Florida federal court is governed by the five-year limitations period in Fla. Stat. 95.11(2)(a). The Supreme Court concluded that the Fourth District’s holding in Burshan v. National Union Fire Insurance Co., 805 So. 2d 835 (Fla. 4th DCA 2001) governed, holding that collection activity on a federal judgment is not got governed but section 95.11(2)(a) but, instead, is permitted for the twenty-year life of the judgment. View "Salinas v. Ramsey" on Justia Law