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Corzo Trucking Corp. v. West

OCGA § § 9-12-60 a and 9-12-61, together, provide a 10-year statute of limitation for the enforcement of Georgia judgments.

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This is the second time these parties have appeared before this Court. The judgment at issue in this case was obtained by Corzo Trucking Corporation, Obdulio Corzo, and Rita Corzo hereinafter referred to collectively as “Corzo” in Florida on March 6, 1985. On October 1, 2001, Corzo filed the Florida judgment in Cobb County, seeking to enforce the judgment against Robert West pursuant to the Uniform Enforcement of Foreign Judgments Law “UEFJL”.1 The trial court dismissed Corzo’s collection efforts on December 7, 2005, holding that the Florida judgment was dormant and unenforceable pursuant to OCGA § § 9-12-60 a and 9-12-61. On August 30, 2006, this Court upheld the trial court’s dismissal.2 Corzo then returned to Florida, filing a “Complaint to Renew Judgment,” and on September 14, 2006, the Florida court ordered: “that the Final Judgment . . . is renewed with all accrued post judgment interest owing thereon . . .” Two weeks later, Corzo returned to Cobb County and filed the September 14, 2006 Florida judgment under the UEFJL.

In an order dated July 21, 2008, the trial court found that the September 14, 2006 Florida judgment was merely a renewal of the same judgment that Corzo sought to enforce on October 1, 2001. Accordingly, the trial court relied on our prior opinion in the case, finding the Florida judgment unenforceable pursuant to OCGA § § 9-12-60 a and 9-12-61 and dismissing Corzo’s action. Following a denial of his motion for reconsideration, Corzo appealed to this Court. We find no error and affirm.

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