EDGARDO PINEDA HERNANDEZ
v.
CLAUDIA ELENA CAMACHO
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Florida courts may enforce foreign ex parte temporary injunctions in domestic relations matters when the foreign court had jurisdiction, parties received notice and opportunity to be heard, and enforcement does not offend Florida public policy.
[1] International comity requires recognition and enforcement of a foreign decree when the parties were given notice and opportunity to be heard, the foreign court had origin…
[2] A defendant in a domestic relations matter cannot avoid financial obligations to a former spouse by secreting marital assets in Florida, and a foreign temporary injunctio…
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Join FLexlaw to unlock all legal intelligence“A foreign decree is entitled to comity, where the parties have been given notice and the opportunity to be heard, where the foreign court had original jurisdiction, and where the foreign decree does not offend the public policy of the State of Florida.”
The court stated the test for enforcing foreign decrees, quoting Cermesoni v. Maneiro.
Appellant Edgardo Pineda Hernandez challenged a trial court order enforcing a foreign injunction in a dispute with Claudia Elena Camacho. The case inv…
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PER CURIAM.
Affirmed. See Cardenas v. Solis, 570 So. 2d 996, 999 (Fla. 3d DCA 1990) (holding international comity favors enforcing foreign, ex parte temporary injunctions and affirming the trial court’s order enforcing a Guatemalan injunction because “(1) the suit in Guatemala is a domestic relations suit in which the plaintiff seeks, in effect, support from her husband in the form of one half of the parties’ marital property; (2) the defendant husband ought not to be able to escape his financial obligations to his wife in Guatemala by secreting the parties’ marital assets in Miami banks; and (3) the Guatemalan temporary injunction may be enforced with ease in Florida pending final resolution of the domestic relations suit in Guatemala”); Cermesoni v. Maneiro, 144 So. 3d 627, 629 (Fla. 3d DCA 2014) (“A foreign decree is entitled to comity, where the parties have been given notice and the opportunity to be heard, where the foreign court had original jurisdiction, and where the foreign decree does not offend the public policy of the State of Florida.” (quoting Intrinsic Values Corp. v. Superintendencia de Administracion Tributaria, 806 So. 2d 616, 619 (Fla. 3d DCA 2002) (internal quotation marks omitted))).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Cardenas v. Maria Marta Colomer Caceres de Solis, 570 So. 2d 996 (Fla. 3d DCA 1990)
- Cermesoni v. Maneiro, 144 So. 3d 627 (Fla. 3d DCA 2014)
- Intrinsic Values Corp. v. Superintendencia de Administracion Tributaria, 806 So. 2d 616 (Fla. 3d DCA 2002)