Ley v. Simmons

COMBS, Justice.

This is an action to enforce a judgment obtained in Florida in 1930. The defendant pleaded the statute of limitations. The applicable Florida statute is 20 years. Florida Statutes 95.11(1), F.S.A. The statute of limitations in Kentucky is 15 years. KRS 413.090(1). Under the Kentucky statute the action is barred. Under the Florida statute it is not. The lower court applied the Kentucky statute and dismissed the petition.

It is familiar law that the law of the forum controls remedies and procedures. In the absence of a statute, it is generally held that the law of the forum is…