Harrison v. Larson

133 So. 2d 446
CourtDistrict Court of Appeal of Florida
DecidedSeptember 21, 1961
DocketNo. C-372
StatusPublished
Cited by1 cases

This text of 133 So. 2d 446 (Harrison v. Larson) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Harrison v. Larson, 133 So. 2d 446 (Fla. Ct. App. 1961).

Opinion

WIGGINTON, Judge.

Appellant, who was plaintiff in the trial court, has appealed from a final decree dismissing his complaint on the merits, confirming an order entered by appellee as Insurance Commissioner suspending appellant’s driver’s license, his registration and license plates issued with respect to a motor vehicle owned by him, and directing appellant to forthwith surrender the license, registration and plates to appellee.

A motor vehicle owned by appellant and registered pursuant to the laws of Florida, while being operated by a third person, was involved in an accident in the State of Michigan. Appellant, as owner of the vehicle, was jointly sued with the operator thereof for damages arising out of the accident. As a result, judgment was entered in favor of the injured party against appellant in a court of competent jurisdiction situate in Michigan. Upon appellant’s failure to pay the judgment rendered against him, a certified copy thereof was furnished to the Insurance Commissioner of Florida who notified appellant that unless the judgment was promptly paid an order of suspension would be entered against him. Upon appellant’s failure to pay the judgment in question, appellee entered an official order suspending appellant’s driver’s license, together with his registration and license plate issued in connection with the vehicle involved in the accident. Suit was instituted by appellant to restrain appellee from carrying into effect the order of suspension so entered.

The sole question presented for our determination is whether the Insurance Commissioner of Florida is empowered under the law popularly referred to as the “Financial Responsibility Law of 1955” to suspend the driver’s license, registration and license plates of a Florida citizen because of the latter’s failure to pay a judgment rendered against him in the State of Michigan for damages arising out of the operation of a vehicle owned by him on a cause of action arising in the latter state.

The Financial Responsibility Act of Florida was enacted in the year 1955 1 and now appears in the revised statutes as Chapter 324. The declared legislative purpose and intent of the Act, as found in the first section thereof, is to recognize the existing rights of all to own motor vehicleo and to operate them on the public streets and highways of this state when such rights are used with due consideration for others; to promote safety and provide financial security by such owners and operators whose responsibility it is to recompense others for injury to person or property caused by the operation of a motor vehicle. It is here noted that the primary purpose of the Act is to promote safety on the public streets and highways of Florida, and to provide a means whereby those who suffer injury as a result of the negligent operation of such vehicles in this state may secure recompense for the damages suffered.2 The Act requires all police officers of Florida to make written reports to the Insurance Commissioner of accidents involving a motor vehicle within the state resulting in body injury or property damage in excess of $50.3 The Act provides that if the owner or operator of a motor vehicle involved in an accident in this state has no license or registration, he shall not be entitled to receive a license or registration until he has complied with the requirements of the law to the same extent that would be necessary if, at the time of the accident, he held a license and registration.4

We now move to remaining sections of the act which have an important bearing on [448]*448our decision. In the original Act adopted in 1955 it is provided in a separate section thereof that whenever any person fails within 60 days to satisfy any judgment upon the written request of the judgment creditor or his attorney, it shall be the duty of the clerk of the court or the judge of the court which has no clerk in which any such judgment is rendered within this state to forward to the commissioner immediately after the expiration of sixty days, a certified copy of such judgment.5 It is eminently clear that the foregoing statute is applicable only to judgments rendered within the State of Florida. Immediately following the foregoing section the original Act contains a succeeding section which provides that the commissioner, upon the receipt of a certified copy of a judgment, shall forthwith suspend the license and registration of any non-resident’s operating privilege of any person against whom such judgment was rendered, except as otherwise provided.6 Although this section of the statute does not clearly indicate that it is applicable only to the type of judgments mentioned in the preceding sections, that is to say, judgments rendered within this state, we think such conclusion is inescapable. This being so, the only power vested in the commissioner to suspend the driver’s license, registration and license plates of a Florida resident under this statute arises only when such resident fails within 60 days to pay a final judgment rendered against him arising out of an accident occurring within this state involving a motor vehicle owned or operated by him. It was under the authority of the last mentioned section of the statute that the Commissioner sought to suspend appellant’s driver’s license, registration and license plates. The chancellor evidently interpreted this section of the statute in accordance with the position taken by the Commissioner, and it was upon such interpretation that the chancellor dismissed appellant’s complaint and decided the issue in favor of the Commissioner.

Appellee takes the position that the last mentioned section of the statute empowering the Commissioner to suspend the license and registration of a resident of this state, or suspend the operating privilege of a non-resident of Florida, has no direct connection with the next preceding section of the statute which applies only to judgments rendered within this state. It is his contention that the critical statute vests the commissioner with powers of suspension regardless of whether the judgment in question is rendered by a state or federal court of competent jurisdiction in Florida or in any other state of this country. He fortifies his position by reference to that sub-section of the Act which defines “Judgment” as any judgment which shall have become final by expiration without appeal of the time within which an appeal might have been perfected, or by final affirmation on appeal, rendered by a court of competent jurisdiction of any state or of the United States, upon a cause of action arising out of the ownership, maintenance or use of any motor vehicle, for damages suffered.7 We are unable to agree with appellee that the section of the Act which defines judgments coming within its scope can have the effect of so broadening the statute which vests the commissioner with powers of suspension as to bring within its purview [449]*449judgments rendered in cases involving accidents which occur outside of Florida. Insofar as concerns the commissioner’s authority to suspend the license and registration of a Florida citizen, or the operating privilege of the a nonresident, under § 324.-121 of the statutes, we construe the statutory definition of the word “Judgment” to apply to any judgment rendered by any state or federal court of competent jurisdiction either in Florida or any other state of the nation, but only in those instances where the cause of action arose out of a vehicular accident occurring within the State of Florida.

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133 So. 2d 446, Counsel Stack Legal Research, https://law.counselstack.com/opinion/harrison-v-larson-fladistctapp-1961.