Lawrence Systems, Inc. Ex Rel. Douglas-Guardian Warehouse Corp. v. Superior Feeders, Inc.

880 S.W.2d 203, 1994 WL 312874
CourtCourt of Appeals of Texas
DecidedJuly 26, 1994
Docket07-93-0077-CV
StatusPublished
Cited by47 cases

This text of 880 S.W.2d 203 (Lawrence Systems, Inc. Ex Rel. Douglas-Guardian Warehouse Corp. v. Superior Feeders, Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Lawrence Systems, Inc. Ex Rel. Douglas-Guardian Warehouse Corp. v. Superior Feeders, Inc., 880 S.W.2d 203, 1994 WL 312874 (Tex. Ct. App. 1994).

Opinions

DODSON, Justice.

Lawrence Systems, Inc. (Lawrence Systems) by and through its successor-in-interest, Douglas-Guardian Warehouse Corp., appeals from the trial court’s order vacating and rendering null and unenforceable a Texas judgment rendered by the filing of an Oklahoma order under section 35.003 of the Texas Uniform Enforcement of Foreign Judgments Act (the Uniform Act) against Superior Feeders, Inc., O.C. Elliott, and Herbert Vogel (collectively referred to as Superi- or Feeders) on the ground that enforcement of the judgment is barred by section 16.-066(b) (ie., the Texas ten-year statute of limitations on actions to enforce foreign judgments).1 Among other things, Lawrence Systems makes a first impression claim that section 16.066(b) does not apply to enforcement proceedings brought under the Uniform Act. We affirm.

Lawrence Systems brings seven points of error which are.grouped for argument and present five contentions. The contentions are that: (1) Superior Feeders’ motion to vacate allegations constitute a collateral attack on Lawrence Systems’ Oklahoma judgment; (2) the trial court erroneously admitted evidence aliunde (outside) the judgment; (3) section 16.066(b) does not bar filing and enforcement of the Oklahoma judgment under the Uniform Act; (4) the Oklahoma judgment was rendered on September 23, 1992; and (5) the September 23, 1992 judgment is res judicata to all matters asserted by Superior Feeders.2

First, we will address Lawrence Systems’ third contention that section 16.066(b) does not apply to the Oklahoma judgment filed under the Uniform Act. Under this contention, Lawrence Systems claims that (1) the enforcement proceeding initiated by filing under section 35.003 of the Uniform Act constitutes a registration procedure rather than an action to enforce the judgment, (2) section 16.066(b) applies only to common law actions to enforce foreign judgments, and (3) section 16.066(b) does not apply to proceedings brought under the Uniform Act. We disagree.

Initially, we note that the Full Faith and Credit Clause of the United States Constitution, Article IV, Section 1, declares that full faith and credit shall be given in each state to the public acts, records, and judicial proceedings of every other state. It is long and well established, however, that the Full Faith and Credit Clause does not preclude the forum state from applying its own statute of limitations to a sister state’s judgments when the statute is reasonable and does not discrimi[206]*206nate against out-of-state judgments. M’Elmoyle v. Cohen, 38 U.S. (13 Pet.) 312, 10 L.Ed. 177 (1839). In that regard, the court in Tourtelot v. Booker, 160 S.W. 293 (Tex.Civ.App.—El Paso 1913, writ ref'd), determined that the predecessor to section 16.066(b) passed constitutional muster.

Texas courts recognize at least two proceedings for the enforcement of foreign judgments. These enforcement proceedings consist of filing under section 36.003 of the Uniform Act or filing a common law action to enforce a foreign judgment. The common law action is recognized and preserved in section 35.008 of the Uniform Act. Texas courts have consistently applied section 16.-066(b) and its predecessor to common law proceedings brought to enforce foreign judgments from federal courts and sister states. See, e.g., Collin County Nat. Bank v. Hughes, 110 Tex. 362, 220 S.W. 767 (1920); Ferguson-McKinney Dry Goods Co. v. Garrett, 252 S.W. 738 (Tex.Comm’n App.1923, judgm’t adopted).

In that regard, section 16.066(b) provides:

An action against a person who has resided in this state for 10 years prior to the action may not be brought on a foreign judgment rendered more than 10 years before the commencement of the action in this state.

Tex.Civ.Prac. & Rem.Code Ann. § 16.066(b) (Vernon 1986).

Section 35.003 of the Uniform Act provides:

(a) A copy of a foreign judgment authenticated in accordance with an act of congress or a statute of this state may be filed in the office of the clerk of any court of competent jurisdiction of this state.
(b) The clerk shall treat the foreign judgment in the same manner as a judgment of the court in which the foreign judgment is filed.
(c) A filed foreign judgment has the same effect and is subject to the same procedures, defenses, and proceedings for reopening, vacating, staying, enforcing, or satisfying a judgment as a judgment of the court in which it is filed.

Tex.Civ.Prac. & Rem.Code Ann. § 35.003 (Vernon 1986).

Since the case before us presents a question of first impression concerning the application of section 16.066(b) to enforcement proceedings under section 35.003 of the Uniform Act, we have reviewed cases from other jurisdictions for persuasive assistance. From that review, we are persuaded that cases such as Eschenhagen v. Zika, 144 Ariz. 213, 696 P.2d 1362 (Ct.App.1985) and Alexander Const. Co. v. Weaver, 3 Kan.App.2d 298, 594 P.2d 248 (1979) present the most logical resolution.

In Zika, the court recognized that one of the purposes of the Uniform Enforcement of Foreign Judgments Act is to provide a speedy and economical method of enforcing foreign judgments. 696 P.2d at 1367. However, the court stated that it found nothing in the language of the Act or within the Act’s stated purpose which precluded the forum state from applying its own statute of limitations in proceedings under the Act. Id. Accordingly, the court held it would apply its own statute of limitations to bar enforcement of the foreign judgment filed under the Arizona Uniform Enforcement of Foreign Judgments Act. Id. at 1368.

Similarly, in Weaver, the Kansas court stated:

The Uniform Enforcement of Foreign Judgments Act was instituted to provide a more effective and efficient time saving procedure for the enforcement of judgments obtained in foreign jurisdictions. Our adoption of this Act does not extinguish the judgment creditor’s right to bring or file an action to enforce his foreign judgment in this state.... It is merely another method available to the judgment creditor. The statute of limitations applicable to enforcement of a foreign judgment in Kansas should be the same regardless of which of these methods of enforcement is chosen by the judgment creditor. (Emphasis added).

Weaver, 594 P.2d at 250.

The Kansas court held that enforcement under the Kansas Uniform Enforcement of Foreign Judgments Act was governed by the Kansas statute of limitations applicable to [207]*207actions on foreign judgments. Further, it was determined, in Warner v. Warner, 9 Kan.App.2d 6, 668 P.2d 193, 195 (1983), that “Registration [under the Uniform Enforcement of Foreign Judgments Act] is a simplified alternative to bringing suit on the foreign judgment, and if suit is barred so is registration.” Accord Newhouse v. Newhouse, 271 Or. 109, 530 P.2d 848 (1975).

To support its position, Lawrence Systems relies on Producers Grain Corporation v. Carroll, 546 P.2d 285 (Okla.Ct.App.1976).

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880 S.W.2d 203, 1994 WL 312874, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lawrence-systems-inc-ex-rel-douglas-guardian-warehouse-corp-v-superior-texapp-1994.