Krilich v. Soltesz/Brant Development Co.

• Decision Date: 09 July 2002
• Docket Number: No. 45A04-0202-CV-57.,45A04-0202-CV-57.
• Citation: 771 N.E.2d 1169
• Parties: Robert R. KRILICH, Appellant-Plaintiff, v. SOLTESZ/BRANT DEVELOPMENT COMPANY, A Florida General Partnership, and Raymond T. Soltesz, A General Partner, and William J. Brant, Jr., A General Partner, Appellees-Defendants.
• Court: Indiana Appellate Court

771 N.E.2d 1169

Robert R. KRILICH, Appellant-Plaintiff, v. SOLTESZ/BRANT DEVELOPMENT COMPANY, A Florida General Partnership, and Raymond T. Soltesz, A General Partner, and William J. Brant, Jr., A General Partner, Appellees-Defendants.

No. 45A04-0202-CV-57.

Court of Appeals of Indiana.

July 9, 2002.

Michael T. Terwilliger, Hinshaw & Culbertson, Schererville, IN, Attorney for Appellant.

Patrick B. McEuen, Singleton, Crist, Austgen & Sears, Munster, IN, Attorney for Appellees.

OPINION

MATHIAS, Judge.

Robert R. Krilich ("Krilich") obtained a judgment against William J. Brant, Jr. ("Brant") in a Florida court in the amount of $2,309,525.41 plus court costs and interest. Krilich later filed a complaint on foreign judgment in Lake Circuit Court in order to domesticate the judgment against Brant in Indiana.¹ Krilich filed a motion for summary judgment and Brant responded with a cross-motion for summary judgment. In his motion, Brant argued that Krilich did not have a valid lien on his real property in Florida; therefore, Krilich did not have the right to pursue a lien against his real property in Indiana.

The trial court granted Krilich's motion for summary judgment to domesticate his judgment against Brant, in part, finding that Krilich was the owner of a valid Florida judgment. However, it also granted Brant's cross-motion for summary judgment, in part, denying Krilich a lien against Brant's real property in Indiana. Krilich filed a motion to correct error, which was denied. He appeals arguing that the trial court erred when it granted Brant's cross-motion for summary judgment, in part, because Indiana law and procedure governs the execution of an Indiana judgment, and therefore, he has the right to pursue a lien against Brant's real property in Indiana.

We reverse and remand for proceedings consistent with this opinion.

Facts and Procedural History

On December 31, 1986, Krilich and Brant, who was a partner of the Soltesz/Brant Development Company, entered into a Tenancy in Common Agreement with respect to a shopping center in Tampa, Florida. In part, the agreement provided that Krilich agreed to purchase an 80% interest in the shopping center in return for a guarantee from Brant that the shopping center would "produce a cash flow to Krilich equal to 9-1/2% of the amount invested by Krilich." Appellant's App. p. 66. When the shopping center failed, Krilich filed a complaint against Brant in Hillsborough Circuit Court in Florida. On November 1, 1989, the Florida court entered a final judgment in favor of Krilich in the amount of $2,310,367.51 plus interest. A certified copy of the judgment was recorded in Hillsborough County on June 22, 1990 and it bore the name and address of Brant's attorney. The judgment was re-recorded in 1996 with the Hillsborough Circuit Court Clerk with an affidavit from Krilich's attorney, which contained Brant's last known address.

On June 17, 1996, Krilich filed a complaint on foreign judgment in Lake Circuit Court to domesticate the Florida judgment. Brant filed an answer to the complaint, but the parties later stipulated to dismissal of the complaint, without prejudice. On December 16, 1996, Krilich filed a motion for reinstatement following voluntary dismissal. The case was reinstated, by agreement, on March 26, 1997. Brant then filed an answer and motion for change of judge. Therefore, on May 19, 1998, Lake Superior Court Judge James Richards assumed jurisdiction.

On July 6, 1999, Krilich filed a motion for summary judgment. Brant filed a response and cross-motion for summary judgment arguing that the Florida court did not have jurisdiction over him, or in the alternative, that Krilich failed to properly record a lien on his Florida judgment, and therefore, no judgment lien should be recognized in Indiana. Appellant's App. pp. 45, 50. On June 4, 2001, the trial court granted Krilich's motion for summary judgment, in part, and granted Brant's motion in part, issuing the following order:

The Court, being duly advised, now finds as follows and enters these conclusions of law.

1. Krilich is the owner of a valid Florida judgment entered on November 1, 1989, following appropriate service of process upon Brant in accordance with both Florida and Indiana long-arm statutes, and Brant's challenges to the jurisdiction of the Florida Court over his person should be denied.

2. The Court, finds Brant's Cross-Motion for Summary Judgment and argument for denial of the attachment of Plaintiff's lien upon Brant's real estate in Indiana to be compelling and that there shall not be a lien on any real property owned by Brant in Indiana.

The Court therefore orders as follows:

1. Krilich's Motion for Summary Judgment [is] GRANTED to domesticate his judgment against Brant, individually, to the extent of Brant's personalty subject to attachment and garnishment to satisfy the judgment.

2. Brant's Cross-Motion for Summary Judgment is GRANTED to deny Plaintiff a lien against Defendant's real estate in Indiana to satisfy Plaintiff's judgment.

Appellant's App. pp. 9-10.

Krilich filed a motion to correct error on June 27, 2001, which was deemed denied pursuant to Indiana Rule of Trial Procedure 53.3. He then filed a notice of appeal, but also filed a motion requesting that our court remand the case to the trial court to conduct a hearing on the motion to correct error. The motion was granted and the case was remanded to the trial court on December 5, 2001. The trial court held a hearing on Krilich's motion to correct error on December 13, 2001, and denied the motion on December 31, 2001. Krilich appeals.

Standard of Review

Our standard of review of a summary judgment motion is the same standard used in the trial court:

Summary judgment is appropriate only where the evidence shows there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law. All facts and reasonable inferences drawn from those facts are construed in favor of the non-moving party. The review of a summary judgment motion is limited to those materials designated to the trial court. We must carefully review decisions on summary judgment motions to ensure that the parties were not improperly denied their day in court.

Tom-Wat, Inc. v. Fink, 741 N.E.2d 343, 346 (Ind.2001) (citations omitted). "When there are no disputed facts with regard to a motion for summary judgment and the question presented is a pure question of law, we review the matter de novo." Mahowald v. State, 719 N.E.2d 421, 424 (Ind. Ct.App.1999).

Discussion and Decision

The Full Faith and Credit Clause of the United States Constitution requires that "[f]ull faith and credit shall be given in each state to the public acts, records, and judicial proceedings of every other state." U.S. Const. art. IV, § 1. Full faith and credit means that "the judgment of a state court should have the same credit, validity, and effect, in every other court of the United States, which it had in the state where it was pronounced." N. Ind. Commuter Transp. Dist. v. Chicago SouthShore and South Bend R.R., 685 N.E.2d 680, 685 (Ind.1997) (quoting Underwriters Nat'l Assurance Co. v. N. Carolina Life and Accident and Health Ins. Guar. Ass'n, 455 U.S. 691, 704, 102 S.Ct. 1357, 71 L.Ed.2d 558 (1982)). Indiana Code section 34-39-4-3 provides that records and judicial...