No Value: BIBERSTEIN, HARRY vs. KIRCHBERGER, GABRIEL

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                                CHARLOTTE COUNTY CLERK OF CIRCUIT COURT OR BOOK: 4504, PGS: 844 , PAGE: 1 OF 2
INSTR # 2759893 Doc Type: ORD, Recorded: 11/13/2019 at 9:17 AM
Rec, Fee:   ERECORDED      Cashier By: IVETTEH


    Filing # 98738632 E-Filed 11/12/2019 01:55:49 PM



              IN THE CIRCUIT COURT OF THE               TWENTIETH     JUDICIAL    CIRCUIT    IN AND FOR
              CHARLOTTE COUNTY, FLORIDA                                                     CIVIL ACTION

               HARRY BIBERSTEIN ,


                                 Plaintiff.                 CASE NO. 17000917CA

              vs.

               GABRIEL KIRCHBERGER, CAROL DEVILLE,
               SOUTHERN SHORES ENTERPRISES, LLC, A
               FLORIDA LIMITED LIABILITY COMPANY,
               MOONSTONE         HOLDINGS, LLC, A NEVADA LIMITED
               LIABILITY COMPANY, CHRISTINE FRAZER,
               ANDREAS KIRCHBERGER, NICLAS X KIRCHBERGER,
               GOLDEN KEY PROPERTIES LLC, ALL OTHERS
               WHOM IT MAY CONCERN ,

                                 Defendant.
                                                 /


               ORDER DENYING IN PART AND GRANTING IN PART PLAINTIFF'S MOTION FOR
                                       RECONSIDERATION

                      THIS CAUSE came before the court on October 28, 2019 on Plaintiff's Motion for
              Reconsideration and the court having heard argument and being otherwise fully advised
              in the premises, finds as follows:

                      1.   Plaintiff seeks this court to reconsider its previous ruling and find that the
                           subject Ontario judgment is in fact a money judgment which is enforceable in
                           this Court pursuant to the Uniform Out-of-Country Foreign Money-Judgment
                           Recognition Act.

                           Having reviewed the case law submitted, the Court cannot find that the
                           Ontario judgment is in fact a “judgment of a foreign state granting or denying
                           recovery of a sum of money” as was the case in Continental Tranfert
                           Technique Ltd. V. Fed. Gov't of Nigeria, 697 F.Supp.2d 46, (D.D.C. 2010).
                           The wording in Paragraphs 2 and 3 of the Ontario judgment do not make it
                           clear that the Plaintiff is to recover a sum of money from the Defendant.

                           However, the Court does find that Paragraph 7 is enforceable in that it is a
                           clear right to recover the sum of $56,738.67 from the Defendant. If anything,
                           this clear language in Paragraph 7 awarding a sum of money lends credence
                           to the finding that Paragraphs 2 and 3 of the Ontario Judgment is not a
                           money judgment for UFMJRA purposes. Accordingly, it is
OR BOOK:   4504, PAGE NUMBER:   845 INSTR# 2759893   PAGE: 2 OF 2




                        ORDERED AND ADJUGED that the motion is denied as to Paragraphs 2 and
                        3 of the Ontario judgment and granted as to Paragraph 7 of the Ontario
                       judgment.




                                                                S
                                                               fo

                                                           Fy a       Signed by JUDGE LISA PORTER in 17000917CA
                                                                    on 11/42/2019 13:55:10 vCi3ZJzy




              Christopher J Klein , 
              David K. Oaks , 
              Glenn N Siegel , 
              Mark A Slack , ,
              
              Robert W Segur 
              Ryan W. Owen , 
              Brian McNamara, Esquire 
              Sebastian Nye-Schmitz, Esquire 
              DREW F. CHESANEK