TETTAMANTI & CALVO V. OPCION S.A.

State: Florida

Court: Florida Third District Court

Docket No: 09-0215

Case Date: 05/06/2009

Preview:Third District Court of Appeal
State of Florida, January Term, A.D. 2009
Opinion filed May 6, 2009. Not final until disposition of timely filed motion for rehearing. ________________ No. 3D09-215 Lower Tribunal No. 07-41748 ________________

Enrique Q. Tettamanti and Maria Cristina Calvo,
Appellants, vs.

Opcion Sociedad Anonima,
Appellee.

An Appeal from the Circuit Court for Miami-Dade County, Michael A. Genden, Judge. Mercado and Rengel, and Ivan E. Mercado, for appellants. Barnard Law Offices and Andrew C. Barnard, for appellee.

Before GERSTEN, C.J., and COPE and SUAREZ, JJ. On Motion for Review of Stay PER CURIAM.

The judgment creditor, Opcion Sociedad Anonima, has filed a motion to review a stay of judgment entered by the trial court. We grant the motion and vacate the stay. The judgment creditor obtained a judgment in Argentina and filed an action seeking recognition of that judgment in Florida. After a bench trial, the trial court found that the Argentinean judgment was final, conclusive, and enforceable and entered judgment in favor of the judgment creditor for $236,900. The judgment debtors, Enrique O. Tettamanti and Maria Cristina Calvo, filed a timely appeal of the Florida judgment and moved for a stay pending appeal. The trial court granted a stay. By motion for review filed in this court, the judgment creditor requests that the stay be vacated. position is well taken. Florida has adopted the Uniform Out-of-country Foreign Money-Judgment Recognition Act.

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