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Jackson v. STELCO EMPLOYEES'CREDIT UNION LIMITED

Jackson v. Stelco Employees'Credit Union Ltd., 203 So. 2d 669 (Fla. Dist. Ct. App. 1967)
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Court
District Court of Appeal of Florida · State Appellate Courts
Decided
November 1, 1967
Docket
No. 1359
Judges
White
Citations
203 So. 2d 669

Opinion

203 So.2d 669 (1967)

Douglas JACKSON and Joyce Jackson, His Wife, Appellants,

v.

STELCO EMPLOYEES' CREDIT UNION LIMITED, a Canadian Corporation, Appellee.

No. 1359.

District Court of Appeal of Florida. Fourth District.

November 1, 1967.

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

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

WHITE, JOSEPH S., Associate Judge.

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.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1982: 11993: 11997: 119822026peak 1982 · 1

Relies on it most ⓘ

  1. Chabert v. Bacquie694 So. 2d 805 (Fla. Dist. Ct. App. 1997)
  2. Corporacion Salvadorena De Calzado, S.A. v. Injection Footwear Corp.533 F. Supp. 290 (S.D. Fla. 1982)
  3. Montaner v. Big Show Productions, SA620 So. 2d 246 (Fla. Dist. Ct. App. 1993)

Most recent

  1. Chabert v. Bacquie694 So. 2d 805 (Fla. Dist. Ct. App. 1997)
  2. Montaner v. Big Show Productions, SA620 So. 2d 246 (Fla. Dist. Ct. App. 1993)
  3. Corporacion Salvadorena De Calzado, S.A. v. Injection Footwear Corp.533 F. Supp. 290 (S.D. Fla. 1982)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

DepthCaseCited by
Markham v. Nisbet, 60 So. 2d 393 (Fla. 1952) 5

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