Summary
holding that the court had no basis to take any enforcement actions where no copy of any judgment was filed
Summary of this case from New v. DumitracheOpinion
No. 77-574
Decided November 2, 1978. Rehearing denied November 24, 1978. Certiorari denied March 5, 1979.
In action initiated pursuant to the Uniform Enforcement of Foreign Judgments Act, the trial court entered judgment in favor of petitioner, and respondent appealed.
Reversed
1. JUDGMENT — Foreign — Uniform Act Action — Documents Filed — No Judgment — Full Faith and Credit — Inapplicable — No Basis — Determination of Claim. Where, in action under the Uniform Enforcement of Judgments Act, the only documents filed were (1) an affidavit of petitioner stating that an order requiring payment of child support by respondent had been entered, and that respondent was in arrears in the payments, (2) an order of court that a writ of fieri facias be issued, and (3) the writ of fieri facias, none of these documents was a judgment, and thus full faith and credit was inapplicable; consequently, there was no basis for a determination of the claim, and the trial court erred in entering judgment for the petitioner.
Appeal from the District Court of Jefferson County, Honorable Joseph P. Lewis, Judge.
Stephen W. Miller, for petitioner-appellee.
Cooke, Gilles Schaefer, William J. deWinter, for respondent-appellant.
Petitioner, Jo Ann Manley, brought this action pursuant to the Uniform Enforcement of Foreign Judgments Act, § 13-53-101, et seq., C.R.S. 1973, to enforce an order of a Georgia court which directed respondent, Edward A. Manley, to pay petitioner $350 a month child support. In accordance with the statute (§ 13-53-105, C.R.S. 1973) a stay of execution was entered and a hearing to determine the rights of the parties was held. Thereafter, the trial court determined that the judgment was entitled to full faith and credit in this state, entered judgment, and terminated the stay order. Respondent appeals and we reverse.
Section 13-53-103, C.R.S. 1973, provides that the filing of a "copy of any foreign judgment authenticated in accordance with the act of congress or the laws of this state" shall give the judgment the same effect as a judgment entered by the court in which it is filed. Here there is no copy of any judgment. The only documents filed were (1) an affidavit of petitioner stating that an order requiring payment of child support by respondent had been entered, and that respondent was in arrears in the payments, (2) an order of court that a writ of fieri facias be issued, and (3) the writ of fieri facias.
[1] None of these documents is a judgment. "If the document sought to be enforced is not actually a judgment . . . full faith and credit . . . is inapplicable." Atlas Credit Corp. v. Erzine, 25 N.Y.2d 219, 250 N.E.2d 474, 303 N.Y.S.2d 382 (1969). Since the basic document required by the statute was not presented to the court, there is no basis for a determination of the claim.
The judgment is reversed and the cause remanded with direction to dismiss the petition.
JUDGE ENOCH and JUDGE VAN CISE concur.