Noham Kilinsky, Appellant, v. Bank Leumi Le-Israel, Ltd, Appellee. (2023)

District Court of Appeal of Florida, Third District.

Noham Kilinsky, Appellant, v. Bank Leumi Le-Israel, Ltd, Appellee.

No. 3D22-273

Decided: April 26, 2023

Before EMAS, SCALES and MILLER, JJ.

Law Offices of David S. Cohen, LC, and Lee N. Bernbaum and David S. Cohen (Orlando), for appellant. The Lieberman Law Firm, P.A., and Mendy Lieberman, for appellee.

Affirmed. See § 55.606(1)(b)(3), Fla. Stat. (2022) (providing in pertinent part: “The out-of-country foreign judgment shall not be refused recognition for lack of personal jurisdiction if ․ [t]he defendant, prior to the commencement of the proceedings, had agreed to submit to the jurisdiction of the foreign court with respect to the subject matter involved. . .”); Kramer v. von Mitschke-Collande, 5 So. 3d 689, 690 (Fla. 3d DCA 2008) (once a judgment creditor presents a foreign judgment which on its face awards a monetary sum certain and is final, conclusive, and capable of enforcement, the burden shifts to the judgment debtor to specify and establish a ground for non-recognition of that foreign judgment). See also Vuillermin v. Mitsubishi Elec. Europe BV, 233 So. 3d 1178 (Fla. 3d DCA 2017) (holding a defendant “may not avoid the foreign judgment based on lack of personal service [where] he failed to raise the issue initially in the foreign court of competent jurisdiction”).

PER CURIAM.

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