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Are Florida Courts Required to Recognize Final Judgments of Another State?

Uncategorized Aug 6, 2018
post about Are Florida Courts Required to Recognize Final Judgments of Another State?

On February 16, 2017, the Supreme Court of Florida reviewed the Fifth DCA’s opinion in LeDoux-Nottingham v. Downs, 163 So. 3d 560 (Fla. 5th DCA 2015). The Fifth DCA held that “under the Full Faith and Credit Clause [of the United States Constitution], trial courts in Florida are required, without discretion, to give recognition to final judgments of another state when applicable.” The Supreme Court of Florida upheld this decision.

Here, the father of two minor children passed away. After his passing, the mother of the children, LeDoux-Nottingham, moved to Florida with them. However, the grandparents of the children did not agree with this decision and filed a lawsuit in Colorado for visitation rights. A Colorado judgment was issued granting the grandparents visitation. LeDoux-Nottingham then filed an action in Florida to determine that, despite the Colorado judgment, the grandparents had no legal right to timesharing with her minor children. However, after a trial, the court entered a judgment enforcing the Colorado order, which granted the grandparents visitation rights.

LeDoux-Nottingham appealed. She argued that “under Florida law, enforcement of grandparent visitation is unconstitutional and against public policy.”  This is because the Colorado judgment violated childrearing autonomy. In Florida, childrearing autonomy is guaranteed to parents under article 1, section 23 of the Florida Constitution. Despite her arguments, the Fifth affirmed the trial court’s decision.

The Supreme Court of Florida approved the decision of the Fifth DCA. They concluded that Florida’s public policy does not override the requirement to provide full faith and credit to judgments entered by a sister state. Furthermore, public policy in Florida does not provide an exception to full faith and credit due to judgments entered by a sister state.

Although this is not a Florida probate litigation opinion, it is an opinion that is relevant to trust and estates lawsuits. Palm Beach probate lawyers may encounter situations where a judgment is issued in another state, and litigation regarding that judgment occurs in Florida. Even if the final judgment from the sister state is not compliant with Florida probate law, the West Palm Beach probate court will need to give recognition to the judgment if it is applicable.

To read the entire opinion, click here.