Alexander Const. Co. v. Weaver, No. 49604
| Court | Court of Appeals of Kansas |
| Writing for the Court | Before FOTH; SWINEHART; PARKS |
| Citation | 594 P.2d 248,3 Kan.App.2d 298 |
| Docket Number | No. 49604 |
| Decision Date | 04 May 1979 |
| Parties | ALEXANDER CONSTRUCTION COMPANY, Appellant, v. H. Sanford WEAVER, Appellee. |
Page 248
v.
H. Sanford WEAVER, Appellee.
1. Kansas statutes of limitations, K.S.A. 60-511(5) and 60-516, govern the filing of foreign judgments in Kansas, whether they be filed by authority of the common law or under K.S.A. 60-3001 Et seq., the Uniform Enforcement of Foreign Judgments Act.
2. Foreign judgments properly filed in Kansas under the Uniform Enforcement of Foreign Judgments Act, K.S.A. 60-3001 Et seq., are treated the same as Kansas judgments and are considered Kansas judgments as of the date of the Kansas filing.
3. K.S.A. 60-2403 and 60-2404 provide time limitations for the enforcement of domestic judgments.
4. Enforcement of foreign judgments is subject to the limitations provided in K.S.A. 60-2403 and 60-2404.
Page 249
Robert W. Meglemre of Bressel & Meglemre, Kansas City, Mo. and L. Michael Schwartz of Barnett & Lerner, Chartered, Kansas City, for appellant.
J. O. Biggs of Wagner, Leek & Mullins, and M. C. Slough, Shawnee Mission, for appellee.
Before FOTH, C. J., and PARKS and SWINEHART, JJ.
SWINEHART, Judge:
This is an appeal by Alexander Construction Company, hereinafter referred to as plaintiff, from an order of the court rejecting its request to examine H. Sanford Weaver, hereinafter referred to as defendant, on a foreign judgment filed in Kansas under the provisions of K.S.A. 60-3001 Et seq., and releasing a judgment lien on the records of Johnson County.
The facts are not in dispute and are as follows. Plaintiff obtained a money judgment against the defendant in the District Court of El Paso County, Colorado, on January 26, 1968. Such judgment is valid and enforceable in Colorado for a period of twenty years. On April 25, 1977, pursuant to provisions of the Kansas Uniform Enforcement of Foreign Judgments Act at K.S.A. 60-3001 Et seq., plaintiff filed an affidavit for registration of the Colorado judgment in the District Court of Johnson County. This [3 Kan.App.2d 299] was the plaintiff's first effort to enforce the Colorado judgment in Kansas. On August 24, 1977, the plaintiff filed an application for examination of the judgment debtor. As a result, the defendant filed a motion for an order rejecting examination and for release of the judgment lien on the ground that the filing of the foreign judgment was barred under the Kansas statute of limitations.
Plaintiff asserted that the judgment entered in Colorado on January 26, 1968, could be filed in Kansas and was entitled to full faith and credit as a foreign judgment for a period of twenty years from the date of its entry in Colorado. Defendant argued, however, that the Colorado judgment, even though valid in Colorado for twenty years, was of no effect in Kansas since it was entered more than seven years prior to April 25, 1977, the filing date in Kansas, during which time the plaintiff had made no effort to enforce said judgment in Kansas. Defendant relied on the argument that foreign judgments are to be governed by the laws of the forum state (Kansas), and therefore under the provisions of K.S.A. 60-2403 and 60-2404, this was a dormant judgment that could not be enforced in Kansas.
The question raised in this appeal is one of first impression regarding the provisions of the Uniform Enforcement of Foreign Judgments Act (K.S.A. 60-3001 Et seq., which became effective July 1, 1970), insofar as they relate to the statute of limitations for the filing of such foreign judgments for enforcement in Kansas. K.S.A. 60-3001 Et seq., sets forth the general procedures for the filing and enforcement of foreign judgments in Kansas, and K.S.A. 60-3002 specifically provides for the filing and treatment of foreign judgments.
"60-3002. A copy of any foreign judgment authenticated in accordance with the act of congress or the statutes of this state may be filed in the office of the clerk of any district court of this state. Such copy must...
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Czajka v. Holt Graphic Arts, Inc., s. 18-CV-1257 & 19-CV-64
...a foreign judgment using the common-law approach or a more streamlined approach. See, e.g. , Alexander Constr. Co. v. Weaver , 3 Kan.App.2d 298, 594 P.2d 248, 250 (1979) ("The Uniform Enforcement of Foreign Judgments Act was instituted to provide a more effective and efficient time-saving p......
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Le Credit Lyonnais, SA v. Nadd, No. 98-1342
...38 U.S. 312, 13 Pet. 312, 10 L.Ed. 177 (1839); 47 Am.Jur.2d Judgments § 953-54 (1969). 25. See Alexander Construction Co. v. Weaver, 3 Kan.App.2d 298, 594 P.2d 248 (1979); Lawrence Systems, Inc. v. Superior Feeders, Inc., 880 S.W.2d 203 (Tex.App.1994); National Union Fire Ins. of Pittsburgh......
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Cantu v. Howard S. Grossman, P.A., 14-06-00078-CV.
...the purposes of the Uniform Act is to provide speedy and economical enforcement of foreign judgments); Alexander Const. Co. v. Weaver, 3 Kan.App.2d 298, 594 P.2d 248, 250 (1979) (stating that the Uniform Act was instituted to provide a more effective and efficient time-saving procedure for ......
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Czajka v. Holt Graphic Arts, Inc., 18-CV-1257
...established a foreign judgment using the common-law approach or a more streamlined approach. See, e.g., Alexander Constr. Co. v. Weaver, 594 P.2d 248, 250 (Kan.Ct.App. 1979) ("The Uniform Enforcement of Foreign Judgments Act was instituted to provide a more effective and efficient time-savi......