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N.Y. STATE COM'R OF TAXATION v. HAYWARD

No. 4D04-177.

902 So.2d 309 (2005)

NEW YORK STATE COMMISSIONER OF TAXATION AND FINANCE, Appellant, v. Robert H. HAYWARD and Joyce O. Hayward, Appellees.

District Court of Appeal of Florida, Fourth District.

May 25, 2005.

Attorney(s) appearing for the Case

Mark W. Rickard of Jacobson, Sobo & Moselle, Plantation, for appellant.

Alan S. Polackwich, Sr. of Clem, Polackwich, Vocelle & Berg, L.L.P., Fort Pierce, for appellees.

BROWN, LUCY CHERNOW, Associate Judge.

The New York State Commissioner of Taxation and Finance ("NYS") appeals the trial court's sua sponte dismissal, with prejudice, of its domesticated judgment. NYS obtained a judgment against appellees in 1993, complying with all requirements to transform the tax liability of $11,249.12, including interest, into a final judgment under New York law. In April 2002, after the Haywards had paid more than fifty percent of the debt, they...

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