United Bank of Skyline, Nat. Ass'n v. Fales, C8-86-549
| Decision Date | 08 May 1987 |
| Docket Number | No. C8-86-549,C8-86-549 |
| Parties | UNITED BANK OF SKYLINE, NATIONAL ASSOCIATION, Respondent, v. David FALES, Defendant, Arthur J. Petrie, Petitioner, Appellant. |
| Court | Minnesota Supreme Court |
Syllabus by the Court
This court will give full faith and credit to the decision of the Colorado court denying Petrie's motion to vacate the summary judgment.
Robert J. Sheran, Teresa B. Bonner, Minneapolis, Russell E. Vigil, Denver, Colo., for appellant.
R. Michael Regan, Mankato, Wendell B. Porterfield, Denver, Colo., for respondent.
Heard, considered and decided by the court en banc.
This appeal comes from a court of appeals' decision affirming a lower court's denial of appellant's motion for relief from a summary judgment entered in Denver, Colorado, and docketed in Blue Earth County, Minnesota. We affirm.
This litigation began when respondent United Bank of Skyline filed a civil suit in Colorado to collect on loans made to appellant Arthur J. Petrie, a resident of Minnesota, and his partner, David Fales. Petrie and Fales had used the money to develop real estate located in Colorado. A chronology of the ensuing procedural events is adapted from the findings of the Blue Earth County District Court, which heard this matter.
October 19, 1983 --Arthur J. Petrie is served with a summons
and complaint in the main action
venued in Denver County, Colorado
December 2, 1983 --Petrie enters an appearance by his attorney
Russell E. Vigil
December 13, 1983 --Clerk's default entered against Petrie for
his failure to plead or otherwise defend
February 8, 1984 --Court judgment entered against Petrie
with notice to Vigil and successor attorney,
the Powers firm.
February 10, 1984 --Vigil withdraws as counsel for Petrie and
Powers firm appears for Petrie with permission
of the court.
February 10, 1984 --Petrie moves to set aside clerk's default
judgment and court judgment and extend
time to answer.
March 22, 1984 --Court orders clerk's default and court
judgment set aside, granting Petrie time
to answer.
April 9, 1984 --Petrie files answer.
May 8, 1984 --Order setting trial for July 10 and 11,
1985.
January 17, 1985 --Petrie moves to substitute Vigil for Powers
as his attorney.
January 25, 1985 --Court order authorizes substitution of
attorneys.
July 8, 1985 --Vigil files ex parte motion to continue
trial because of his need for medical treatment.
July 8, 1985 --Court enters ex parte order continuing
trial and ordering Vigil to reset case for
trial when counsel ready.
July 26, 1985 --United Bank moves for summary judgment
on attached affidavits, documents
and briefs and serves same on Vigil by
mail on July 26, 1985, addressed to his
last known address as set out in the
pleadings and other documents in the file.
July 31, 1985 --Motion and accompanying documents
mailed on July 26, 1985, returned to United
Bank by Post Office Department
marked "Forwarding Order Expired."
United Bank checks Supreme Court
Registrar of Attorneys, discovers new
address for Vigil and makes service by mail
on July 31, 1985.
November 15, 1985 --Court order sets hearing on United
Bank's motion for summary judgment for
December 10, 1985, serving notice on Vigil
by mail to his old address.
December 10, 1985 --Hearing on summary judgment held;
neither Patrie nor his counsel appears.
Petrie's counsel claimed later that he did not
receive notice of the hearing, that he had
been misled by a telephone inquiry to the
clerk of court as to whether or not the
matter was to be submitted on affidavits
or by hearing, and that he had been
advised that it would be by hearing. He
claims he did not file affidavits at that
time because he expected to file them at
the time of the hearing. The court granted
the motion and ordered judgment entered.
December 10, 1985 --United Bank serves order, judgment and
decree on Vigil by mailing the same to
both his new and old addresses.
December 11, 1985 --Judgment entered.
December 15, 1985 --Petrie moves for vacation of summary
judgment and hearing on motion.
December 27, 1985 --Notice of hearing date of January 22,
1986, served by Petrie on United Bank.
January 23, 1986 --Court enters order denying motion for
relief from judgment.
February 7, 1986 --United Bank registers Colorado judgment
in Blue Earth County, Fifth Judicial
District, and the same is docketed against
Petrie in the amount of $75,056.
March 10, 1986 --Petrie serves notice and motion for relief
from judgment entered in Blue Earth
County. Hearing on Petrie's motion held
in Windom, Minnesota, on March 20, 1986.
Petrie did not appeal the judgment entered in Colorado or seek review of the Colorado court's order denying his motion for relief from the judgment. The District Court of Blue Earth County found that Petrie had a reasonable excuse for not appearing at the summary judgment hearing and might have a substantial defense on the merits of the underlying action. However, the court denied Petrie's motion for relief from the judgment, stating that Petrie's remedy was to appeal the Colorado trial court's refusal to vacate the judgment in Colorado. The court of appeals affirmed. United Bank of Skyline v. Fales, 395 N.W.2d 131 (Minn.App.1986).
The sole question of this case is whether Minnesota should enforce the judgment entered in Colorado against Petrie. In connection with its judgment, the Colorado trial court entered two distinct decisions: one granting summary judgment...
To continue reading
Request your trial
-
Blume Law Firm Pc v. Pierce, A06-2311.
...§ 548.27 (2006). But our power to vacate foreign judgments is limited by the Full Faith and Credit Clause. United Bank of Skyline, N.A. v. Fales, 405 N.W.2d 416, 417-18 (Minn.1987). The federal constitution provides that "Full Faith and Credit shall be given in each State to the public Acts......
-
Daniel Don v. Thelma Wipff
...the contention that it lacked jurisdiction, then its decision on that point must be given effect." United Bank of Skyline, Nat'l Ass'n v. Fates, 405 N.W.2d 416, 417 (Minn. 1987). "Full faith and credit... generally requires every State to give to a judgment at least the res judicata effect ......
-
State Inc. v. Sumpter & Williams
...rendering court." United Bank of Skyline v. Fales, 395 N.W.2d 131, 133 (Minn.App.1986) (citing Matson, 333 N.W.2d at 867), aff'd, 405 N.W.2d 416 (Minn.1987). The Minnesota Supreme Court has also held that irregularities which make a judgment voidable can be considered only by the court rend......
-
Lyon Financial Services, Inc. v. Waddill
...addressed the contention that it lacked jurisdiction, then its decision on that issue must be given effect. United Bank of Skyline, N.A. v. Fales, 405 N.W.2d 416, 417 (Minn.1987). The district court dismissed appellant's motion to vacate based on the collateral-estoppel effect of the earlie......