Morrow v. Westphal

521 N.E.2d 283, 167 Ill. App. 3d 433, 118 Ill. Dec. 215, 1988 Ill. App. LEXIS 358
CourtAppellate Court of Illinois
DecidedMarch 24, 1988
Docket3-87-0532
StatusPublished
Cited by4 cases

This text of 521 N.E.2d 283 (Morrow v. Westphal) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Morrow v. Westphal, 521 N.E.2d 283, 167 Ill. App. 3d 433, 118 Ill. Dec. 215, 1988 Ill. App. LEXIS 358 (Ill. Ct. App. 1988).

Opinion

PRESIDING JUSTICE STOUDER

delivered the opinion of the court:

The plaintiffs, Charles Morrow, Jr., Jack E. Hobeck, and Roy G. Sears, filed a petition for registration of foreign judgment in Peoria County against the defendant, Rudolph J. Westphal. The plaintiffs’ petition alleged that on November 10, 1986, the Circuit Court of the Fifteenth Judicial Circuit of Florida, in and for Palm Beach County, entered three separate judgments against the defendant. The trial court denied the defendant’s motion to dismiss and vacate the plaintiffs’ petition and thereafter allowed the plaintiffs’ motion for summary judgment.

On appeal, the defendant contends: (1) the plaintiffs failed to comply with the terms and provisions of the Uniform Enforcement of Foreign Judgments Act (Ill. Rev. Stat. 1985, ch. 110, par. 12 — 603); (2) the trial court erred in holding that a nonwage garnishment is available to the plaintiffs; and (3) the trial court was incorrect in not allowing the defendant the opportunity to litigate a counterclaim.

Initially, the defendant argues that the plaintiffs failed to comply with the terms of the Uniform Enforcement of Foreign Judgment Act, which mandates as follows:

“A verified petition shall set forth a copy of the judgment to be registered, the date of its entry and any subsequent facts, circumstances or legal proceedings affecting it, such as levies of execution, appeals, supplementary enforcement proceedings, payments in partial satisfaction and the like, authenticated, if of record, in a manner authorized by the laws of United States or of this State ***.” Ill. Rev. Stat. 1985, ch. 110, par. 12-603.

The defendant contends that section 12 — 603 is mandatory in nature and requires that the verified petition for registration set forth, in addition to a copy of the judgment to be registered, any subsequent facts, circumstances, or legal proceedings affecting it. In the instant case, the record indicates that the verified petition sets forth a copy of the Florida judgment. The petition does not set forth any subsequent fact, circumstances or legal proceedings affecting it, including the notice of final appeal filed by the defendant in the Fourth District Court of Appeal of the State of Florida. The defendant further argues that the plaintiffs’ petition does not state a cause of action because the plaintiffs did not set forth the subsequent legal proceeding affecting the Florida judgment.

The trial court found that the Florida appeal does not affect the judgment and that the term “appeals” in section 12 — 603 (Ill. Rev. Stat. 1985, ch. 110, par. 12 — 603) does not mean that appeal documents not affecting the judgment need to be attached to the petition. The statute requires that the petition set forth subsequent facts, circumstances and legal proceedings affecting the judgment. (Ill. Rev. Stat. 1985, ch. 110, par. 12 — 603.) The appeal filed in Florida by the defendant does not affect the Florida judgment. The record does not indicate that bond was posted or that the judgment was otherwise stayed. Thus, because the Florida appeal does not affect the Florida judgment, the trial court was correct in finding the plaintiffs have set forth the documents necessary to satisfy section 12 — 603 of the Uniform Enforcement of Foreign Judgments Act (Ill. Rev. Stat. 1985, ch. 110, par. 12-603).

The defendant’s second contention is that the plaintiffs failed to properly authenticate the foreign judgment as required by section 12 — 603 of the Uniform Enforcement of Judgments Act (Ill. Rev. Stat. 1985, ch. 110, par. 12 — 603).

In the present case, a certified copy of the judgment, certified by the clerk of the circuit court of Palm Beach County, Florida, was attached to the judgment and filed by the plaintiffs in the trial court. The trial court found, and we agree, that the plaintiffs’ certification method was sufficient to satisfy the authentication requirement. The record indicates that the Florida judgment was proper in all respects. In an instance where a judgment is valid in all other respects, the term authenticate should be construed as having a general meaning, referring to the process of verifying the genuineness of the item or document in question. Thus, certification is one method of authentication.

This finding is in conjunction with the requirements of the Uniform Enforcement of Foreign Judgments Act. The Act, as set forth above, requires the petition’s documents to be authenticated. Although the statute does not define authentication, Illinois law provides a method to prove the genuineness of court records. Section 8— 1202 of the Illinois Code of Civil Procedure provides as follows:

“Court records. The papers, entries and records of courts may be proved by a copy thereof certified under the signature of the clerk having the custody thereof, and the seal of the court, or by the judge of the court if there is no clerk.” Ill. Rev. Stat. 1985, ch. 110, par. 8 — 1202.

The defendant argues that this provision deals with proof at trial, and thus evidentiary questions, which are unrelated to the question of the sufficiency of the complaint. The purpose of the Uniform Enforcement of Foreign Judgments Act is to insure that the records are truthful and accurate. A complaint consists of allegations; proof of those allegations at trial is often more difficult because of the evidentiary rules. Thus, because the requirements of reliability, truth and accuracy are more stringent at trial than at the pleading stage, the trial court could have and did determine that the authentication requirement in the Uniform Enforcement of Foreign Judgments Act could be satisfied by complying with the certification requirements in section 8-1202 (Ill. Rev. Stat. 1985, ch. 110, par. 8-1202).

The defendant argues that this court should apply Federal law when deciding what constitutes authentication under Illinois law. This issue was addressed by the Illinois Supreme Court in Gradler v. Johnson (1939), 372 Ill. 137, 22 N.E.2d 946. In Gradler, the court ruled that a sister State’s judgment could be proved by a certified copy. When Gradler was decided, the present Federal statute (28 U.S.C. §1738 (Supp. 1982)) was incorporated in Illinois law (Ill. Rev. Stat. 1937, ch. 51, par. 55 (repealed 1972)). When deciding Gradler, the court relied on section 13 (Ill. Rev. Stat. 1937, ch. 51, par. 13 (repealed 1983)), which is identical to section 8 — 1202 (Ill. Rev. Stat. 1985, ch. 110, par. 8 — 1202). The court stated that section 13 (Ill. Rev. Stat. 1937, ch. 51, par. 13), now section 8 — 1202 (Ill. Rev. Stat. 1985, ch. 110 par. 8 — 1202), provided for a sufficient method of authentication through certification. Gradler v. Johnson (1939), 372 Ill. 137, 22 N.E.2d 946.

Section 55 was later repealed and section 13, now section 8 — 1202 remained. These facts, combined with the language included in section 8 — 1202, indicate that compliance with section 8 — 1202 is sufficient to satisfy the authentication requirement in a Uniform Enforcement of Foreign Judgments Act action.

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Bluebook (online)
521 N.E.2d 283, 167 Ill. App. 3d 433, 118 Ill. Dec. 215, 1988 Ill. App. LEXIS 358, Counsel Stack Legal Research, https://law.counselstack.com/opinion/morrow-v-westphal-illappct-1988.