Webb v. Webb

677 So. 2d 630, 1996 WL 348102
CourtLouisiana Court of Appeal
DecidedJune 26, 1996
Docket28411-CA
StatusPublished
Cited by3 cases

This text of 677 So. 2d 630 (Webb v. Webb) 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
Webb v. Webb, 677 So. 2d 630, 1996 WL 348102 (La. Ct. App. 1996).

Opinion

677 So.2d 630 (1996)

Succession of Shirley Hooper WEBB, Plaintiff-Appellee,
v.
Jeffrey WEBB and Alison Webb, Defendants-Appellants.

No. 28411-CA.

Court of Appeal of Louisiana, Second Circuit.

June 26, 1996.
Rehearing Denied August 15, 1996.

*631 Michael D. Cucullu, New Orleans, for Appellants.

Frederick L. Miller, Sydney B. Nelson, Shreveport, for Appellee.

Before BROWN, WILLIAMS and GASKINS, JJ.

WILLIAMS, Judge.

In this concursus proceeding, the defendants, Jeffrey and Alison Webb, appeal a trial court judgment finding that the Colorado adoption of their father, Kenneth Winant Webb by Shirley H. Webb ("decedent") was not entitled to full faith and credit in Louisiana. For the following reasons, we reverse.

*632 FACTS

The decedent, Shirley Hooper Webb, was married to Lester Webb, who predeceased her. She did not have any natural children, but her husband had a son, Kenneth Winant Webb, who lived in their household until adulthood. On January 24, 1974, Shirley Hooper Webb executed a will, which made special bequests to her brothers, Fred, William and Theodore Hooper, but if one died prior to the decedent, she devised his share to her stepson, Kenneth Winant Webb, who was also named the residual legatee. The will did not address the disposition of the property in the event that Kenneth Webb predeceased the decedent. The validity of the will is not at issue and the parties have stipulated to its genuineness.

On July 6, 1976, Shirley Webb executed documents in Caddo Parish purporting to adopt Kenneth Winant Webb, a Colorado resident. The next day, an adoption decree was issued by the circuit court in Larimer County, Colorado. Kenneth Webb predeceased Shirley Webb, leaving two children, Jeffrey and Alison Webb ("the Webbs").

On February 16, 1993, Shirley Webb died in Caddo Parish, survived by her brother, William Hooper, and her nieces, Shirley Hooper Harwell, Gai Hooper Williams and Pamela Hooper Mabry ("the Hoopers"). Bette S. Hooper, surviving spouse of decedent's predeceased brother, Theodore, became provisional administratrix of the succession of Shirley Hooper Webb. The Webbs provided the provisional administratrix and the estate's attorney with certified copies of the adoption decree of their father, Kenneth Webb, and laid claim to the decedent's residual estate remaining after fulfilment of the specific bequest to William Hooper.

Surviving members of the Hooper family indicated that they did not have any knowledge of the adoption and that the decedent had a long history of mental illness. However, the provisional administratrix, who is the mother of the decedent's surviving nieces, was notified of the adoption in 1987. Hospital records indicate that on July 6, 1976, the day before the adoption decree was issued, decedent was admitted to Schumpert Medical Center with a diagnosis of psychosis and cerebral arteriosclerosis. In August 1976, she was transferred to Shreveport Manor Nursing Home. The Hooper claimants questioned the validity of the 1976 adoption.

The provisional administratrix then filed a petition for concursus in order to determine the validity of the adoption and the legal heirs of the decedent. The Webbs filed a motion for summary judgment on the issues of the validity of the adoption and prescription. The trial court denied the Webbs' motion for summary judgment. After a hearing, the trial court found that the Colorado adoption of Kenneth Webb was invalid and not entitled to full faith and credit in Louisiana because the Colorado court lacked jurisdiction over the decedent. The Webbs appeal this judgment.

DISCUSSION

The Webbs argue the trial court erred in finding that the Colorado adoption decree is not entitled to full faith and credit in Louisiana because the foreign court lacked personal jurisdiction over Shirley Webb. They contend that because the Colorado court had subject matter jurisdiction over the adoption, any further inquiry is precluded. We disagree.

Under the full faith and credit clause of the U.S. Constitution, Art. 4, § 1, a Louisiana court must give the judgment of another state the same conclusive effect between the parties that the judgment would be given in the state where it was obtained. Anderson v. Collins, 26,142 (La. App.2d Cir. 1/6/95), 648 So.2d 1371; Harrah's Club v. Mijalis, 557 So.2d 1142 (La.App. 2d Cir.1990). An exception to the full faith and credit mandate is recognized when it is shown that the foreign court did not have personal jurisdiction over a party to the proceeding under the jurisdictional laws of the foreign state. Harrah's Club v. Mijalis, supra. Jurisdiction over the person is the legal authority of a court to render a judgment involving a party to an action or proceeding, and must be based upon service of process or the submission of the party to the exercise of jurisdiction over him personally, or his waiver of objections thereto. LSA-C.C.P. Art. 6.

*633 In the present case, the Colorado court's subject matter jurisdiction over adoptions involving Colorado residents is not in dispute. However, a court must also have personal jurisdiction over the parties to a proceeding in order to render valid judgments involving those parties. The record shows that the decedent was not a resident of Colorado and did not have other contacts with that state. Thus, it was appropriate for the trial court to consider whether Shirley Webb, by filing the adoption petition, had validly consented to the Colorado court's exercise of in personam jurisdiction over her.

Prescription

The Webbs argue the trial court erred in denying their motion for summary judgment. They contend that even if the issue of the foreign court's personal jurisdiction over Shirley Webb was an appropriate inquiry, Colorado's statute of limitations bars any jurisdictional attack on adoptions after a period of two years from the date of the final decree.

As stated previously, the relevant law to determine whether the rendering court had jurisdiction is the law of the foreign state. State v. Fontenot, 587 So.2d 771 (La. App. 2d Cir.1991). Colorado law provides that a final decree of adoption shall not be attacked by reason of any jurisdictional or procedural defect after the expiration of two years following the entry of the final decree. CRS 19-5-214 (1987). However, the Colorado statute barring actions against adoptions after two years must not be interpreted as precluding inquiry by our courts into questions involving due process. White v. Davis, 163 Colo. 122, 428 P.2d 909 (1967). Inquiry into a court's exercise of jurisdiction over a non-resident involves analysis of due process requirements. See J. Wilton Jones Co., Inc. v. Touche Ross & Co., 556 So.2d 67 (La.App. 4th Cir.1989). To satisfy due process, the exercise of jurisdiction over a non-resident must be based on some act, related to the cause of action, by which the person purposely avails herself of the privilege of conducting activities within the foreign state. Harrah's Club v. Mijalis, supra; Cobb Industries, Inc. v. Hight, 469 So.2d 1060 (La.App. 2d Cir. 1985). Louisiana courts have recognized and permitted collateral attack on a foreign judgment where the rendering state would have allowed such an attack. Anderson v. Collins, supra.

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Bluebook (online)
677 So. 2d 630, 1996 WL 348102, Counsel Stack Legal Research, https://law.counselstack.com/opinion/webb-v-webb-lactapp-1996.