Jenner v. Ecoplus, Inc., 224 N.C. App. 275

Jenner and Markson are UK residents; Ecoplus, Inc. is a Wisconsin corp with NC address.
May 2008, Ecoplus executed two separate $150,000 loans to Jenner and Markson.
Ecoplus defaulted; Plaintiffs sued in W.D. North Carolina for breach of loan agreements.
A forum-selection clause in the loans directed England/Wales exclusively for related actions.
Plaintiffs refiled in English High Court (London); English court entered default judgment against Ecoplus on 21 June 2011.
North Carolina Recognition Act action seeking recognition of the English judgment; trial court denied recognition as premature; appellate court reversed and remanded to recognize the English judgment.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Proper forum for recognition proceeding	Plaintiffs argued for recognition under the Act.	Defendant argued the issue was premature and delayed by time to answer.	Motion properly before trial court; issue not premature.
Burden of proof on nonrecognition	Plaintiffs relying on Act's presumption to recognize.	Nonrecognition burden on Defendant; none offered.	Burden on Defendant; court should recognize absent grounds for nonrecognition.
Recognition of the English judgment	Recognition appropriate under the Act; foreign judgment valid.	Procedural irregularities could prevent recognition.	Court reversed and remanded to recognize the English judgment.

Brown v. Flowe, 349 N.C. 520 (1998) (statutory-interpretation framework; plain meaning controls)
Parsons v. Jefferson-Pilot Corp., 333 N.C. 420 (1993) (purpose of statutory interpretation; legislative intent)
In re Proposed Assessments v. Jefferson-Pilot Life Ins. Co., 161 N.C. App. 558 (2003) (how courts read statutory language in context)
State v. Bogle, 324 N.C. 190 (1989) (role of commentary in discerning legislative intent)
State v. Hosey, 318 N.C. 330 (1986) (utilizing commentary for legislative intent when appropriate)