Frank v. Frank
A mother-in-law who had obtained a Missouri money judgment (adopting an arbitration award) jointly and severally against her son and daughter-in-law intervened in their Florida dissolution action and domesticated the judgment under FEFJA. The trial court, in its equitable distribution, reduced the judgment amount and split the remaining debt equally between the spouses. The Third District reversed, holding the trial court had no discretion to alter or reduce a valid sister-state judgment consistent with the Full Faith and Credit Clause.
Key facts
- A mother-in-law obtained a Missouri money judgment (adopting an arbitration award) jointly and severally against her son and daughter-in-law and intervened in the couple's Florida dissolution action to domesticate the judgment under FEFJA.
- The trial court, during equitable distribution, reduced the judgment amount and divided the remaining debt equally between the spouses.
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Why it matters
The opinion is a useful tool for judgment creditors who find their claims caught up in a debtor's divorce: the equitable distribution power does not permit a family judge to rewrite or discount a sister-state judgment… — full analysis with a trial
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