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Lucy, Esq.
Lucy, Esq., Attorney
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QUESTION FOR LUCY ONLY Hi Lucy, how are you doing today

Resolved Question:

QUESTION FOR LUCY ONLY

Hi Lucy, how are you doing today ?
This is a difficult one..
My wife is not able to travel due to her condition. She is being treated in CT where she is a resident and a native of that State. She also feels more comfortable as she may have to go to Court and as she knows lawyers there who can give her friendly advices and possibly some form of limited assistance , even thiugh she cannot afford to be represented now.

We filed a joinded notice of Appeal.

A foreign judgment was filed by our opponent in August 2013 at the Superior Court that has jurisdiction in CT.

I filed a motion to strike the filing for failure of service of process. My opponent admitted to his error, and is intending to re-file.

As per CT statutes, the properly filed foreign judgment is operating like the rendition of a local judgment, giving similar rights to the parties as when filed in the state of origin.

In such situation, is the following option valid, or if not, what are the other options if any :

JOINT DEFENDANT B files a motion t the DCA of the state of origin to be removed as a party, explaining the above and her intention to keep her rights to appeal in her own state, as permitted by Statutes and then files a Notice of Appeal in her own State ?

In other words, the question is : does asking for removal as a party preclude further rights to Appeal in the State of Residence ?
Submitted: 1 year ago.
Category: Business Law
Expert:  Lucy, Esq. replied 1 year ago.
Hi,

A foreign judgment is given full faith and credit in a state where it is filed. She can file a Motion to Stay enforcement, based on the pending appeal in Florida. However, a Connecticut Appeals court has no jurisdiction to review a judgment entered in a Florida court. That would be a violation of the Full Faith and Credit Clause, which requires the court to enforce the judgment.

If there were some evidence that the Florida judgment were not valid (for example, the Florida court didn't have jurisdiction or if enforcement would somehow be abhorrent to CT public policy), then she could ask the CT court not to enforce it. But she can't appeal a FL judgment in CT just because the prevailing party is seeking to enforce it there. If she moved to appeal, it would be dismissed.
Customer: replied 1 year ago.


Thank you so much again, Lucy, this is really clarifying as Sec 52-605 (b) of CT Gen. Statutes is a bit confusing for a non-practician.

However, in the following scenario : new evidence was found very recently that the property had been inspected while the defendants were absent (residing elsewhere) by the Insurer prior to accepting a new claim to raise the amount of the compensation of damages, after the Insurer had brought forward that the repairs had to be done prior to the release of the extended claim. An eye-witness and neighbor, with which the defendants had lost contacts, has seen the inspectors accessing the property. There is a possible discovery violation behind this as well, after the defendants had ordered a full copy of the subpoenaed record of the insurance claim to their opponent. it seems that the inspection report agreeing to the repairs was subtracted by the opponent. Therefore, due diligence was done by defendants but their efforts were hindered by their opponent.

Is this not a scenario where Defendants could file a motion to vacate to the CT Court, arguing that this is the appropriate remedy in the light that they will also file a motion to recuse the judge of the court of origin and other arguments?

The demonstration that the repairs were done would ruin opponent's claim of unjust enrichment.

In other words, the question is whether the Full Faith and Credit Clause is applicable here and limits the interpretation of the CT Statute here above ?

Expert:  Lucy, Esq. replied 1 year ago.
She could ask to stay enforcement of the judgment by the CT courts, based on the fact that she is attempting to vacate or otherwise reverse the original judgment. She would have to show a likelihood of success on the merits, irreparable harm, and that the balance of the equities weighs in her favor. But the CT court won't just vacate a foreign judgment based on the fact that a party intends to dispute it. They'll wait to see what happens.

Full faith and credit applies to all judgments entered in a court. The only exception is when enforcement would violate public policy. One example of that is if I sue someone in a state that recognizes a certain cause of action, knowing that they live in a state that doesn't recognize it, and then I try to get the other state's courts to enforce it. As soon as you start talking about the merits of a case, a foreign state can't just refuse to enforce a judgment.
Customer: replied 1 year ago.

Thank you for the info.


 


However I did not make my question clear enough.

The CT Statutes I am referring to is the following :


CHAPTER 928*


UNIFORM ENFORCEMENT OF FOREIGN JUDGMENTS
Sec 52-605 (b):


(b) Such foreign judgment shall be treated in the same manner as a judgment of a court of this state. 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 court of this state and may be enforced or satisfied in like manner.




My question is:

does this CT Statute not allow to re-open the judgment domesticated IN THE STATE of CT , based on new evidence in the nature to void the claim of the opponent ?

Expert:  Lucy, Esq. replied 1 year ago.
All of the Connecticut rules and laws that talk about opening a judgment are referring to setting aside or vacating a default judgment. You don't have a default judgment.

A Connecticut court is not going to reopen a Florida judgment that was decided following trial, based on Florida law and determine whether the Florida judge made a mistake.
Lucy, Esq., Attorney
Category: Business Law
Satisfied Customers: 21022
Experience: Attorney
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