Garrett v. Oklahoma Panhandle State University

2007 OK CIV APP 7, 156 P.3d 48, 2006 Okla. Civ. App. LEXIS 149, 2006 WL 4046240
CourtCourt of Civil Appeals of Oklahoma
DecidedJuly 20, 2006
DocketNo. 102,253
StatusPublished
Cited by6 cases

This text of 2007 OK CIV APP 7 (Garrett v. Oklahoma Panhandle State University) is published on Counsel Stack Legal Research, covering Court of Civil Appeals of Oklahoma primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Garrett v. Oklahoma Panhandle State University, 2007 OK CIV APP 7, 156 P.3d 48, 2006 Okla. Civ. App. LEXIS 149, 2006 WL 4046240 (Okla. Ct. App. 2006).

Opinion

KENNETH L. BUETTNER,

Chief Judge.

[1 On December 13, 2002, Donald Garrett filed a petition in Dallas County, Texas, alleging Oklahoma Panhandle State University negligently failed to maintain his basketball statistics for the academic year (basketball season) 1998-1999, by losing or destroying them; tortiously interfered with his business and contractual relationships with potential employers by failing to report to the NCAA his performance statistics; and breached an implied contract whereby in exchange for his participation in Panhandle State's men's basketball program, Panhandle State would maintain his statistics and report them to the NCAA. He claimed actual and punitive damages because of Panhandle State's breaches of duty and contract. He served the Seere-tary of State of Texas who forwarded by certified mail January 2, 2003, a copy of the petition to Panhandle State's interim president with return receipt requested. The receipt was signed by the interim president's agent and received in the Secretary of State's office January 7, 2008. Panhandle State did not answer the lawsuit, and a default judgment was taken against it in the District Court of Dallas County, Texas for $2,500,000 in actual damages and $500,000 in punitive damages, plus pre- and post judgment interest. Garrett thereafter filed his judgment in Oklahoma County pursuant to the Uniform Enforcement of Foreign Judgments Act, 12 0.8.2001 § 719 et seq. February 20, 2004. The Board of Regents for Oklahoma State University and the Oklahoma Agricultural and Mechanical Colleges filed a Motion to Transfer, or in the alternative, Motion to Vacate, on the ground that Texas never acquired personal jurisdiction over the correct party. The Motion to Transfer was granted and the matter was heard in Payne County, the situs for venue of the Board of Regents. The parties were permitted to file supplemental briefs and the court heard oral argument. It then vacated the Texas judgment. We affirm.

T2 Garrett claims that both the granting of the Motion to Transfer from Oklahoma [50]*50County to Payne County was erroneous and that the trial court’s decision to vacate the Texas court’s judgment was erroneous. The matter comes to this court as a summary disposition, pursuant to Supreme Court Rule 1.36(a)(2), and we therefore review it de novo.

VENUE

¶ 3 We first address the Motion to Transfer. The plain language of the Uniform Enforcement of Foreign Judgments Act, 12 O.S. 2001 § 721,1 states that the foreign judgment may be filed in “... any county of this state.” Garrett registered his judgment in Oklahoma County. The Board of Regents filed a Motion to Transfer to Payne County arguing that 12 O.S.2001 § 133 required venue of an action against the Board of Regents to be brought in the county of its official situs, which was Payne County.2 Among other cases, the Board of Regents cited Oklahoma Ordnance Works Authority v. District Court of Wagoner County, 1980 OK 100, 613 P.2d 746, 749 for the proposition that venue in a case against a public official was in the county where the decision to perform or accomplish such acts emanated which was the county of official residence.

¶4 Garrett responded that he was not filing a petition and that venue was not relevant. He also pointed out to the court that the many unpublished district court opinions attached to the Motion by the Board of Regents had no legal value. The Uniform Enforcement of Foreign Judgment Act stated he could file his judgment in any county, and he had followed the procedures set forth. He objected to the Motion for Transfer.

¶ 5 The Motion to Vacate the Foreign Judgment was transferred to Payne County. We find that the result was correct.

¶ 6 Registering a foreign judgment in some cases may bring a judgment debtor into court for litigation purposes. “A judgment so filed has the same effect and is subject to the same procedures, defenses, and proceedings for reopening, vacating, or staying as a judgment of a district court of this state and may be enforced or satisfied in like manner.” 12 O.S.2001 § 721. Consequently, venue becomes an important legal right that is not embedded in the Act itself. In Ex Parte Wells, 567 So.2d 388 (Ala.Civ. App.1990), the Court of Civil Appeals of Alabama held that venue for filing a foreign default judgment under the Foreign Judgments Act was proper in the judgment debt- or’s county of residence, pursuant to the general venue statute. In that ease, the judgment debtor argued that otherwise, allowing the judgment creditor to file the foreign judgment in any county granted it a “super status” for venue purposes and could cause a' resident, who may not have been afforded procedural due process in the sister state, the possible expense and inconvenience of challenging the action hundreds of miles from home.

¶ 7 Similarly, in Cherwood, Inc. v. Marlin Leasing Corporation, 268 Ga.App. 64, 601 S.E.2d 356 (2004), a party obtained a default judgment against a corporation in a foreign jurisdiction and, pursuant to the Uniform Enforcement of Foreign Judgments Act, filed it “in the office of the clerk of any court of competent jurisdiction of this state.” The [51]*51Georgia court noted that the Uniform Act does not provide any specific venue and determined then that the Georgia general venue statutes applied. It rejected the judgment creditor's argument that the court was simply a repository for the foreign judgment on the ground that a challenge, for instance, to personal jurisdiction, could give rise to an adversary proceeding. It concluded that the Uniform Act had to comply with the general venue requirements of the Georgia Constitution. Further, "Itlo rule otherwise would allow forum shopping by the unscrupulous plaintiff, not to mention presenting defendants who wish to challenge a filing under the Uniform Act with geographical inconveniences not faced by similarly situated defendants." Id. at 857. It then noted that other state courts, when faced with the Uniform Act which did not contain a specific venue section, also used their general venue laws.

T8 Two of the three causes of action alleged by Garrett against Panhandle State sounded in tort-negligence and tortious interference with business and contractual relationships. The Board of Regents, the governing body of Panhandle State, is a constitutional entity. Okla. Const. Art. 6, § Sla. Further, it is a constitutional state agency for the purposes of the Governmental Tort Claims Act. 51 0.8.2001 § 151 et seq. Section 163 of the Governmental Tort Claims Act states:

A. Venue for actions against the state within the seope of the act shall be either the county in which the cause of action arose or Oklahoma County, except that a constitutional state ageney, board or commission may, upon resolution filed with the Secretary of State, designate another situs for venue in lieu of Oklahoma County.

T9 In the case at bar, the Board of Regents has passed a resolution, codified at OAC 30:1, naming Payne County as its situs for venue and naming its service agents. That document was in the record, as well as its published resolution.

T 10 We hold that the general venue statutes apply to Oklahoma's Uniform Enforcement of Judgments Act, unless, as is found in the case at hand, a particular venue statute is applicable. The Motion to Vacate was properly transferred to Payne County, the situs for venue of the Board of Regents.

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Bluebook (online)
2007 OK CIV APP 7, 156 P.3d 48, 2006 Okla. Civ. App. LEXIS 149, 2006 WL 4046240, Counsel Stack Legal Research, https://law.counselstack.com/opinion/garrett-v-oklahoma-panhandle-state-university-oklacivapp-2006.