Legal Opinion

Bruenn v. Great Adventure, Inc.

District Court of Appeal of Florida

Decided June 14, 1983No. 82-1383, 82-1919Published

1Per curiam

We find no error in a trial court refusing to permit a defendant to go behind a Florida judgment, which domesticated a New Jersey judgment,1 when the alleged attack is bottomed on an alleged fraud in the New Jersey court in the rendition of the original judgment.

First, because the alleged fraud, if any, occurred in the New Jersey court and no attack on this ground has been made in the courts of New Jersey.2 Second, the defend*786ants were aware of the alleged fraud prior to the domestication of the foreign judgment and failed to raise this defense therein, if it was available. We do not here…

2Cases cited12 opinions

  1. Novack Investment Company, Etc. v. Chester W. SetserSupreme Court of the United States · 1981
  2. State Ex Rel. Owens v. PearsonSupreme Court of Florida · 1963
  3. Pumo v. PumoDistrict Court of Appeal of Florida · 1981
  4. Alexander v. First National Bank of TitusvilleDistrict Court of Appeal of Florida · 1973
  5. State Ex Rel. Faircloth v. District Court of Appeal, Third DistrictSupreme Court of Florida · 1966

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