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NEW YORK STATE COM'R OF TAXATION v. FRIONA

No. 4D03-4023.

902 So.2d 864 (2005)

NEW YORK STATE COMMISSIONER OF TAXATION AND FINANCE, Appellant, v. Phillip A. FRIONA, Appellee.

District Court of Appeal of Florida, Fourth District.

May 11, 2005.

Attorney(s) appearing for the Case

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

Stephen Rakusin of Rakusin & Plotka, P.A., Fort Lauderdale, for appellee.

ON MOTION FOR REHEARING AND REHEARING EN BANC

MAY, J.

We grant the appellee's motion for rehearing, withdraw the previously issued opinion, and substitute the following. We deny the motion for rehearing en banc.

New York State Commissioner of Taxation and Finance (NYS) appeals a summary judgment in favor of Phillip Friona. The court found the statute of limitations barred NYS from domesticating a foreign judgment. We disagree and reverse....

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