ISRAEL, ET AL., V. FLICK MORTGAGE

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State: Florida

Court: Florida Third District Court

Docket No: 07-2715

Case Date: 11/26/2008

Preview:Third District Court of Appeal
State of Florida, July Term, A.D. 2008
Opinion filed November 26,2008. Not final until disposition of timely filed motion for rehearing. ________________ No. 3D07-2715 Lower Tribunal No. 06-1063 ________________

Keler Israel, et al.,
Appellants, vs.

Flick Mortgage Investors, Inc.,
Appellee.

An Appeal from the Circuit Court for Miami-Dade County, Maria Espinosa Dennis, Judge. Conroy, Simberg, Ganon, Krevans, Abel, Lurvey, Morrow & Schefer, P.A., Hinda Klein and Alejandro Perez, for appellants. No appearance for appellee.

Before WELLS, SHEPHERD, and ROTHENBERG, JJ. WELLS, J.

Keler Israel and a number of other plaintiffs (collectively "the plaintiffs") appeal from an order granting summary judgment in favor of Flick Mortgage Investors, Inc., which effectively denied domestication of an Israeli final moneyjudgment. We reverse. The plaintiffs are all citizens of Israel who made purchases in Israel of homes located at Lake Marion Golf Resort in Florida. Flick holds the mortgages on these homes. When the value of the homes turned out to be substantially less than what they were purchased for, the plaintiffs brought suit in Israel against Flick and others involved in the sales to unwind these transactions. In October 2002, the plaintiffs served the foreign complaint on Flick by registered mail in Florida. Flick timely filed a motion in the Israeli court,

supported by an affidavit, challenging personal jurisdiction, claiming: (1) that Flick was not a party to any contract made in Israel; (2) that Flick breached no contract in Israel; (3) that Flick had no agents, representatives or employees in Israel that ever acted or failed to act in Israel; and (4) that Flick was not a necessary party to the action regarding the sale of these homes. However, Flick made no claims regarding sufficiency of service of process at that time. Although Flick's attorney appeared in the Israeli court to defend this motion, Flick's supporting affidavit was stricken because the affiant did not appear. Flick

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appealed the order striking its affidavit but later dismissed that appeal. The motion challenging personal jurisdiction ultimately was denied. Flick did not participate further in the lawsuit in Israel, but instead brought an action in the Miami-Dade County circuit court against two of its co-defendants in the Israeli action, seeking damages for having to defend the suit in Israel and indemnification for any damages incurred in that action. That action was removed to federal court and ultimately dismissed. See Flick Mortgage Investors, Inc. v. Metropolis Promotion Inv. & Props. (1993) Ltd., 212 Fed. Appx. 775 (11th Cir. 2006). On June 20, 2005, the Israeli court entered a final money-judgment against Flick, awarding the plaintiffs $1,481,550 plus interest and attorneys' fees. Flick prosecuted no appeal from the judgment. Approximately six months after the Israeli judgment was entered, the plaintiffs sought recognition and enforcement of it in the Miami-Dade County circuit court under Florida's Uniform Out-of-country Foreign Money-Judgment Recognition Act.

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