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Chaves v. Brown

District Court of Appeal of Florida, Fifth District
Nov 15, 2011
Case Nos. 5D11-611 5D11-612 (Fla. Dist. Ct. App. Nov. 15, 2011)

Summary

In Brown v. Chaves, 181 U.S. 70, [ 45 L.Ed. 752, 21 Sup. Ct. Rep. 515], Chief Justice Fuller said: "While it is true that scire facias for the purpose of obtaining execution is ordinarily a judicial writ to continue the effect of the former judgment, yet it is in the nature of an action because the defendant may plead to it, and in many cases it has been classified as, in substance, a new action (citing many cases).

Summary of this case from Thomas v. Lally

Opinion

Case Nos. 5D11-611 5D11-612.

Decision filed November 15, 2011.

Appeal from the Circuit Court for Marion County, Charles M. Harris, Judge.

James P. Tarquin of James P. Tarquin, P.A., Ocala, for Appellant, Helen Zapata Chaves.

Jonathan P. Culver of Jonathan P. Culver, P.A., Ocala, for Appellant, Todd Hopson.

Robert H. King of The Law Office of Richard M. Knellinger, P. A., Gainesville, for Appellee.


AFFIRMED.

ORFINGER, C.J., COHEN and JACOBUS, JJ., concur.

NOT FINAL UNTIL THE TIME EXPIRES TO FILE REHEARING MOTION, AND, IF FILED, DISPOSED OF.


Summaries of

Chaves v. Brown

District Court of Appeal of Florida, Fifth District
Nov 15, 2011
Case Nos. 5D11-611 5D11-612 (Fla. Dist. Ct. App. Nov. 15, 2011)

In Brown v. Chaves, 181 U.S. 70, [ 45 L.Ed. 752, 21 Sup. Ct. Rep. 515], Chief Justice Fuller said: "While it is true that scire facias for the purpose of obtaining execution is ordinarily a judicial writ to continue the effect of the former judgment, yet it is in the nature of an action because the defendant may plead to it, and in many cases it has been classified as, in substance, a new action (citing many cases).

Summary of this case from Thomas v. Lally
Case details for

Chaves v. Brown

Case Details

Full title:HELEN O. ZAPATA CHAVES A/K/A HELEN ZAPATA HOPSON and TODD HOPSON…

Court:District Court of Appeal of Florida, Fifth District

Date published: Nov 15, 2011

Citations

Case Nos. 5D11-611 5D11-612 (Fla. Dist. Ct. App. Nov. 15, 2011)

Citing Cases

Thomas v. Lally

The authorities, however, hold that a revived judgment by scire facias constitutes a new cause of action,…