Dodge & Ringer v. Salazar

556 So. 2d 1357, 1990 La. App. LEXIS 306, 1990 WL 16130
CourtLouisiana Court of Appeal
DecidedFebruary 14, 1990
DocketNo. 89-CA-610
StatusPublished
Cited by1 cases

This text of 556 So. 2d 1357 (Dodge & Ringer v. Salazar) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Dodge & Ringer v. Salazar, 556 So. 2d 1357, 1990 La. App. LEXIS 306, 1990 WL 16130 (La. Ct. App. 1990).

Opinion

WICKER, Judge.

This appeal arises from a judgment granting full faith and credit to a judgment of default rendered in Dallas County, Texas. The default judgment was rendered in favor of plaintiff/appellee, Dodge & Ringer, a Professional Corporation, against defendants/appellants, Luis Salazar, Luis Foreign Cars, Inc. and Salazar Motors-ports, Inc. Appellants filed a motion to stay the enforcement of the Texas judgment on the basis they never received notice of the suit. Enforcement of the judgment was stayed pending the hearing on the motion. The trial judge denied the motion and granted the enforcement of the Texas judgment. We affirm.

Appellants specify the following error(s):

1. The trial court erred when it granted the plaintiff’s motion to strike defendant-appellants’ answer which denied appellants the opportunity to raise defenses which were available to them insofar as such defenses are permitted by law, e.g. payment and/or compromise, and
2. The trial court erred when it denied defendant-appellants’ motion to stay the enforcement of the Foreign Judgment from Texas when the said judgment was not based on valid service, notice to appellants, or jurisdiction. Furthermore, the trial court erred when it ruled that these issues could not be raised or contested by appellants in the enforcement proceeding, that the enforcement proceeding was limited to the “face of the record,” and that Louisiana Courts could not inquire into the validity of a Texas proceeding.

Article IV, Section 1 of the U.S. Constitution provides:

Full Faith and Credit shall be given in each State to the public Acts, Records, and Judicial Proceedings of every other [1359]*1359State. And the Congress may by general Laws prescribe the Manner in which such Acts, Records and Proceedings shall be proved, and the Effect thereof.

A concise summary of Louisiana law relating to the effect of foreign judgments can be seen in State v. Wenzel, 185 La. 808, 171 So. 38 (1936):

“Records and proceedings of courts of other states are entitled to full faith and credit only in so far as such courts have jurisdiction of subject-matter and parties, and facts necessary to give jurisdiction to court rendering decree * * * may be inquired into (Const.U.S. art. 4, Section 1).” [quoting Hopkins v. Hopkins, 174 Miss. 643, 165 So. 414 (Miss.1936) at 414.]

Furthermore, “[t]he burden of undermining the verity of the [foreign] decree rests heavily upon the assailants.” Navarrette v. Laughlin, et al, 209 La. 417, 24 So.2d 672, 674 (1946).

The “Enforcement of Foreign Judgments Act,” is contained in La.R.S. 13:4241 to 13:4247. It provides a uniform statutory method for enforcing foreign judgments. La.R.S. 13:4241 defines a “foreign judgment” as “any judgment, decree, or order of a court of the United States or of any other court which is entitled to full faith and credit in this state.”

The procedure for enforcement of a foreign judgment is outlined in La.R.S. 13:4242 and La.R.S. 13:4243 as follows:

A copy of any foreign judgment authenticated in accordance with an act of congress or the statutes of this state may be annexed to and filed with an ex parte petition complying with Code of Civil Procedure Article 891 and praying that the judgment be made executory in a court of this state. The foreign judgment shall be treated in the same manner as a judgment of a court of this state. It shall have the same effect and be subject to the same procedures, and defenses, for reopening, vacating, or staying as a judgment of a court of this state and may be enforced in the same manner.'

La.R.S. 13:4242.

La.R.S. 13:4243 provides:

A.At the time of the filing of the petition and foreign judgment, the judgment creditor shall file with the court an affidavit setting forth the name and last known address of the judgment debtor and the judgment creditor.
B. Promptly upon the filing of the petition, the foreign judgment, and the affidavit, the clerk shall send a notice by certified mail to the judgment debtor at the address given and shall make a note of the mailing in the record. The notice shall include the name and address of the judgment creditor and his attorney, if any. In addition, the judgment creditor may mail a notice of the filing to the judgment debtor and may file proof of mailing with the clerk. Failure to mail notice of filing by the clerk shall not affect the enforcement proceedings if proof of mailing by the judgment creditor has been filed.
C. No execution or other process for enforcement of a foreign judgment filed hereunder shall issue until thirty days after the mailing of the notice of the filing of the foreign judgment.

DEFENSES OF PAYMENT AND/OR COMPROMISE

Appellants contend it was error for the trial court to strike their answer to the petition to enforce the foreign judgment. They assert the defenses of payment and/or compromise which were raised in the answer could be asserted in Louisiana rather than solely in Texas. We disagree.

In McMillan v. Noble, 538 So.2d 714, 716 (La.App. 4th Cir.1989) writ denied 543 So.2d 19 (La.1989) our brothers in the Fourth Circuit held:

Under the U.S. Constitution, Article 4, Section 1, a court in Louisiana must give full faith and credit within this state to a judgment of a Court in a sister state unless the court in the foreign forum lacked jurisdiction. Milliken v. Meyer, 311 U.S. 457, 61 S.Ct. 339, 85 L.Ed. 278 (1940), rehearing denied 312 U.S. 712, 61 S.Ct. 548, 85 L.Ed. 1143 (1941). Swain v. Swain, 339 So.2d 453 (La.App. 1st Cir.1976). This rule is so well established that in a suit for the recognition of a foreign judgment, the only issue in the [1360]*1360foreign proceeding which a Louisiana court may review is the question of the foreign court’s jurisdiction over the parties. Rice v. Kliebert, 330 So.2d 374 (La.App. 4th Cir.1976). The relevant law to determine whether the foreign court had jurisdiction is the law of the forum state rendering the original judgment. Fountain v. Fountain, 365 So.2d 1139 (La.App. 3rd Cir.1978). [Emphasis added].

Therefore, the trial court’s inquiry was limited to whether Texas had jurisdiction over the parties. Milliken, supra. In making that determination it had to look to Texas law. Milliken, supra.

JURISDICTION: MINIMUM CONTACTS

Appellees argue appellants raise for the first time on appeal the issue of whether there was sufficient minimum contact between the appellants and the state of Texas to satisfy the “Due Process Clause of the Fourteenth Amendment.” Appellants contend the only contact had with the state of Texas was the hiring of a lawyer in Texas.

We have held:

As an appellate court, we are authorized by LSA-C.C.P. Art. 2164 to render any judgment which is just and proper on the record, but this authority does not extend to our consideration on appeal of defenses which are required to be pleaded below and which may not be pleaded here. Young v. Warner, 283 So.2d 547 (La.App. 1st Cir.1973).

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Cite This Page — Counsel Stack

Bluebook (online)
556 So. 2d 1357, 1990 La. App. LEXIS 306, 1990 WL 16130, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dodge-ringer-v-salazar-lactapp-1990.