American Associated Group, LTD. v. Henry Tien

[DO NOT PUBLISH]
In the
United States Court of Appeals
For the Eleventh Circuit
____________________
No. 22-11728
Non-Argument Calendar
____________________
AMERICAN UNIVERSITY OF THE CARIBBEAN,
a Cayman Islands company,
Plaintiff,
AMERICAN ASSOCIATED GROUP, LTD.,
f.k.a. American University of The Caribbean
(AUC-Cayman #1),
Plaintiff-Counter Defendant-Appellee,
versus
HENRY TIEN,
Defendant-Counter Claimant-Appellant,
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2 Opinion of the Court 22-11728
MING TIEN,
Defendant.
____________________
Appeal from the United States District Court
for the Southern District of Florida
D.C. Docket No. 1:21-cv-21928-WPD
____________________
Before WILSON, NEWSOM , and L UCK , Circuit Judges.
PER CURIAM:
Henry Tien, proceeding pro se, appeals the district court’s or-
der granting American Associated Group’s three different motions:
a motion to dismiss Tien’s counterclaim, a motion to strike his af-
firmative defense, and motion to renew a prior judgment that AAG
had obtained against him. Tien asserts that the court erred in
granting AAG’s motions and in entering judgment for AAG be-
cause he is unable to pay the judgments against him and has not
paid any money to AAG in the last five years. After careful review,
we affirm.
Mr. Tien owes AAG money; in 2016, the Southern District
of Florida ordered him to pay $186,863 plus interest in a civil fraud
judgment. Trouble is, Tien doesn’t have a cent to his name. Even
so, in 2021, AAG moved to renew the 2016 judgment; Tien
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22-11728 Opinion of the Court 3
mounted a counterclaim and affirmative defense in response, and
AAG successfully quashed both. We review the issues de novo. See
Hopper v. Solvay Pharms., Inc., 588 F.3d 1318, 1324 (11th Cir. 2009)
Florida common law recognizes a cause of action empower-
ing a judgment creditor to renew a judgment in its favor—the pur-
pose being to allow a creditor to re-start the statute of limitations
by bringing a new action to secure satisfaction. Corzo Trucking
Corp. v. West, 61 So.3d 1285, 1288 (Fla. Dist. Ct. App. 2011). The
Florida Supreme Court has held that a judgment “constitutes a
cause of action upon which a new and independent action may be
based.” Crane v. Nuta, 26 So.2d 670, 671 (Fla. 1946). Tien cannot
resist the renewed judgment by relitigating the merits of the origi-
nal cause of action. See Klee v. Cola, 401 So.2d 871, 872 (Fla. Dist.
Ct. App. 1981) (“The merits of an original cause of action may not
be re-litigated in an action on a judgment.”) Rather, he can resist
it only on procedural grounds “which have arisen since the rendi-
tion of the judgment, such as payment, release, accord and satisfac-
tion, or the statute of limitations.” Corzo Trucking, 61 So.3d at 1288
(quotation omitted). None of those grounds applies here.
Tien’s primary argument is that he doesn’t have the money
to pay for the judgments against him, but he fails to cite any au-
thority suggesting that inability to pay is a valid ground for resisting
an action to renew and collect on those judgments. It may well be
that Tien can’t pay, but AAG’s judgment is nonetheless valid and
outstanding—and it therefore meets the requirements for a re-
newal-of-judgment action under Florida law. See Crane, 26 So.2d at
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4 Opinion of the Court 22-11728
671. His secondary arguments all attack the merits or the pre-judg-
ment procedures from the original action. These are beyond the
scope of a renewal matter. See Klee, 401 So.2d at 872. Thus, the
district court did not err in dismissing Tien’s counterclaim, striking
his affirmative defense, and entering renewed judgment for AAG.
AFFIRMED.
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