Strick Lease, Inc. v. Cutler, 08-88-00111-CV
| Decision Date | 28 October 1988 |
| Docket Number | No. 08-88-00111-CV,08-88-00111-CV |
| Citation | 759 S.W.2d 776 |
| Parties | STRICK LEASE, INC., Appellant, v. Robert H. CUTLER, Appellee. |
| Court | Texas Court of Appeals |
Brenda J. Norton, Norman Gordon, Diamond, Rash, Leslie & Smith, El Paso, for appellant.
Phillip C. Bowen, Johnson & Bowen, El Paso, for appellee.
Before OSBORN, C.J., and SCHULTE and WOODARD, JJ.
This is an appeal from an order staying the execution of a Pennsylvania judgment against an El Paso judgment debtor. We affirm.
In March of 1985, Appellee became a guarantor of a truck-trailer lease agreement that was executed and performed in the State of Pennsylvania. It contained a proviso that the terms would be construed under the laws of that state. It became delinquent, and judgment by confession (somewhat similar to our default judgment) was entered against the Appellee in the Pennsylvania Court of Common Pleas on August 22, 1986.
Pennsylvania statutorily authorizes prothonotaries (clerks of courts) to enter judgment after an attorney of a court of record confesses a defaulting guarantor debtor to judgment in accordance with the prior agreement to this process by the debtor in the guaranty agreement. The following instrument was filed in the trial court:
COMPLAINT IN CONFESSION
OF JUDGMENT
(under Rule 2951B)
Pursuant to the authority contained in the warrant of attorney, a copy of which
is attached to the Complaint filed in this action, I appear for the
Defendants and confess judgment in favor of the Plaintiff and against
Defendants as follows
Principal $66,209.45
Interest due to date 1,324.19
Attorney's commission 10,130.05
-------------------------------------------------------------------------------
Total $77,663.69
--___________________________
--Attorney for the Defendant
-- The precise address of the Plaintiff herein is 225 Lincoln Highway, Fairless
Hills, Pennsylvania 19030 and the last known addresses of the Defendants are
Best Western Freight Systems, Inc., 156 West Commercial, Pomona, California
91766; Motor Express West, Inc., 445 Ledbetter, Dallas, Texas 75236; and
Robert H. Cutler, 606 Balcones Court, # 30, El Paso, Texas, 79912
8/8/86 --/s/ Joseph Glantz
-------------------------------------------------------------------------------
Date --Joseph Glantz, Attorney for Plaintiff
It is noted that there is no signature in the space provided for the attorney for the Defendant to sign. Attorney for the Plaintiff was authorized under Pennsylvania law to sign as "Attorney for the Defendant." The court entered judgment on August 22, 1986.
The basic position of the Appellant is that the full faith and credit clause of the Constitution of the United States renders the judgment binding and conclusive on the courts of Texas. It is the contention of the Appellee that full faith and credit need not be given to a judgment rendered by a foreign court that had no jurisdiction over the party. While full faith and credit must be given a judgment of another state so as to preclude inquiry into the merits of the subject matter, the questions as to fraud Shaps v. Union Commerce Bank, 476 S.W.2d 466 (Tex.Civ.App.--Beaumont 1972, writ ref'd n.r.e.) and jurisdiction Bernard Gloeckler Co. v. Baker Co., 52 S.W.2d...
To continue reading
Request your trial
-
Reading & Bates Const. Co. v. Baker Energy Resources Corp.
...782 S.W.2d 339, 342 (Tex.App.--Fort Worth 1989, no writ). (4) when the judgment was procured by fraud; see, e.g., Strick Lease, Inc. v. Cutler, 759 S.W.2d 776, 777 (Tex.App.--El Paso 1988, no (5) when limitations has expired under TEX. CIV. PRAC. & REM.CODE ANN. § 16.066 (Vernon 1986). See,......
-
Mindis Metals v. Oilfield Motor & Control
...(Tex. App.-Fort Worth 1989, no writ) (reversing trial court's refusal to give full faith and credit to New York judgment); Strick Lease, Inc. v. Cutler, 759 S.W.2d 776 (Tex. App.-El Paso 1988, no writ) (affirming stay of execution of Pennsylvania judgment for lack of in personam jurisdictio......
-
The Society of Lloyds v. Webb
...only where a defendant "voluntarily, knowingly and intelligently" waived his rights. See Webb's Motion at 47 (quoting Strick Lease, Inc. v. Cutler, 759 S.W.2d 776, 777 (Tex.App.—El Paso 1988, no writ)). Second, Webb states that Lloyds' judgment is repugnant to Texas' public policy of protec......
-
Gardner v. Pierce, 10A01-0504-CV-145.
...and credit are well-established:. . . (4) when the judgment was procured by extrinsic fraud. . . .") (citing Strick Lease, Inc. v. Cutler, 759 S.W.2d 776, 777 (Tex.Ct.App.1988)) (emphasis omitted), reh'g overruled; see also Kniffen v. Courtney, 148 Ind.App. 358, 266 N.E.2d 72, 75 (Ind.Ct.Ap......