Bouquette v. Suggs, 68925

Decision Date10 September 1996
Docket NumberNo. 68925,68925
Citation928 S.W.2d 412
PartiesGaston BOUQUETTE, M.D., Plaintiff-Respondent, v. Donald M. SUGGS, D.D.S., Defendant-Appellant.
CourtMissouri Court of Appeals

Eric Vickers & Associates, P.C., Eric E. Vickers, St. Louis, for defendant-appellant.

Terry L. Kaufman, St. Charles, for plaintiff-respondent.

HOFF, Judge.

This is an appeal from a final judgment overruling Donald M. Suggs' (Dr. Suggs) motion to quash registration of foreign judgment. We affirm.

In March 1984, Dr. Suggs signed a promissory note in which he promised to pay Gaston Bouquette, M.D. (Dr. Bouquette) $5,000 plus interest payable in a lump sum on June 17, 1984. The note also provided:

It is the understanding of the parties that this is a business loan within the meaning of Chapter 408 of the Missouri Revised Statutes (1978), as amended.... This Note shall be construed and enforced under and in accordance with and shall be governed by the laws of the State of Missouri.

In November 1993, Dr. Bouquette, a resident of Ohio, filed suit in Dayton, Ohio seeking to recover the debt from Dr. Suggs. Dr. Suggs filed a special entry of appearance and requested a dismissal for lack of jurisdiction and improper venue. The municipal court in Dayton, Ohio entered a default judgment against Dr. Suggs. Thereafter, Dr. Suggs filed a motion to vacate the judgment.

In June 1994, Dr. Bouquette filed a notice to register the foreign judgment. Dr. Suggs filed a motion to quash registration of foreign judgment. In August 1995, the trial court entered an order denying Dr. Suggs' motion to quash registration of the foreign judgment. Dr. Suggs appeals this order.

This Court will affirm a judgment entered on an order overruling a motion to quash foreign judgment unless there is not substantial evidence to support it, the judgment is against the weight of the evidence, or it erroneously declares or applies the law. McMinn v. McMinn, 884 S.W.2d 277, 278 (Mo.App.1994) (quoting Murphy v. Carron, 536 S.W.2d 30, 32 (Mo. banc 1976)).

Missouri state courts must accord full faith and credit to the valid judgments of other states. In re Storment, 873 S.W.2d 227, 230 (Mo. banc 1994). A registration of foreign judgment may not be attacked except for: (1) lack of jurisdiction of the subject matter; (2) failure to give due notice; or (3) fraud in the concoction or procurement of the judgment. Id.

In his only point of appeal, Dr. Suggs argues the trial court improperly denied his motion to quash registration of the foreign judgment because the Ohio court lacked subject matter jurisdiction when it rendered its judgment. He argues the evidence establishes that the note...

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6 cases
  • Hope's Windows, Inc. v. McClain
    • United States
    • Missouri Court of Appeals
    • March 19, 2013
    ...in order. A choice-of-law clause identifies which jurisdiction's “law [is to] be used in construing the contract.” Bouquette v. Suggs, 928 S.W.2d 412, 414 (Mo.App. E.D.1996). A forum-selection clause, on the other hand, “selects the venue in which a cause of action is to be tried.” Id. at 4......
  • GP&W Inc. v. Daibes Oil, LLC
    • United States
    • Missouri Court of Appeals
    • September 6, 2016
    ...Jurisdiction A forum selection clause in a contract designates the venue in which a cause of action is to be tried. Bouquette v. Suggs, 928 S.W.2d 412, 413 (Mo.App.E.D.1996). Missouri has long held that freely negotiated forum selection agreements are enforceable “so long as doing so is nei......
  • GP&W Inc. v. Daibes Oil, LLC
    • United States
    • Missouri Court of Appeals
    • September 6, 2016
    ...Jurisdiction A forum selection clause in a contract designates the venue in which a cause of action is to be tried. Bouquette v. Suggs, 928 S.W.2d 412, 413 (Mo.App. E.D.1996). Missouri has long held that freely negotiated forum selection agreements are enforceable "so long as doing so is ne......
  • Burke v. Goodman
    • United States
    • Missouri Court of Appeals
    • May 20, 2003
    ...be applicable. A forum selection clause of a contract selects the venue in which a cause of action is to be tried. Bouquette v. Suggs, 928 S.W.2d 412, 413 (Mo.App. E.D. 1996). An inbound forum selection clause provides for trial inside Missouri. High Life Sales Co. v. Brown-Forman Corp., 82......
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