HomeMy WebLinkAbout0189 3934q1 .
IN THE CIRCUIT COURT OF THE
NINETEENTH JUDICIAL CIRCUIT
• IN AND FOR ST. LUCIE COUNTY,
STATE OF FLORIDA.
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FRANK STAHLAK, *
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Appellant, *
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-vs- * CASE NO. 7?-188 CA .
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EXXON CORPORATION, *
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Appellee. *
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ORDER ON APPEAL
This cause comes before~the Court on a direct appeal from
the County Court in and for St. Lucie County, Florida instituted
by the Appellant, FRANK STAHLAK, from an adverse Judgment rendered
against him reducing an Illinois judgment to a Florida judgment.
Factually, it appears that Appellant in October 1967 was indebted
to Appellee and that Appellant executed a cognovit note authorizing,
upon default, any attorney to appear for him and confess judgment
without'service of pracess upon suit on the cognovit~note. It is
of importance to note that the cognovit note was executed and was
~ to be payable in Illinois. The State of Florida condemns and
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l invalidates the class of cognovit note herein involved that contain
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~ powers of attorney to confess judgment, see F.S.A. 55.05, but
Florida has consistently recognized.its constitutional mandate
to grant full faith and credit-to the judgments of sister states,
even when the facts giving rise to such foreign judgments would
~ not be actionable in Florida; see Art. 4, Sec. 1 Constitution of .
United States of America and Newton v. Newton,.245 So.2nd 45
£ (Fla. 1971).
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~ The Judgment entered against Appellant that forms the
- subject matter of the case below is, on its face, a final judgment
f and is presumptively valid. The Appellant has not presented
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" anything either below or on appeal to negate that presumption.
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~ The judgment entered against Appellant in Illinois is therefore
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~q recognizable in Florida and is capable of being reduced to a
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