172 So. 3d 1168
Miss. Ct. App.2014Background
- Pereira, as bankruptcy trustee for Cashpoint, sought to enroll a New York bankruptcy court default judgment against Price in Mississippi.
- Price opposed enrollment, arguing the bankruptcy proceedings violated due-process and that the guaranty he signed did not exist in the record.
- Bankruptcy proceedings involved repeated discovery demands, orders to produce documents, and a default judgment entered after Price failed to appear at a hearing with contested notice.
- Mississippi circuit court granted summary judgment to Pereira, holding the foreign judgment final and entitled to full faith and credit; Price’s objections were not within extrinsic fraud or other recognized exceptions.
- Price appealed, arguing a due-process exception should apply; the circuit court’s summary judgment omitted consideration of this exception; the majority affirmed summary judgment on res judicata and lack of applicable exceptions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether summary judgment was proper to enroll the foreign judgment | Pereira | Price | Yes; summary judgment affirmed |
| Whether due-process concerns create an exception to full faith and credit | Price | Pereira | No due-process exception applies |
| Whether res judicata bars Price's objections | Pereira | Price | Yes; res judicata precludes relitigation |
Key Cases Cited
- Bass v. Hoagland, 172 F.2d 205 (5th Cir.1949) (due-process concerns; judgments void for lack of due process may be attacked)
- Illinois Central Railroad Co. v. Illinois Power & Light Co., 19 So.3d 823 (Miss. 2012) (discusses due-process and full faith and credit limitations)
- Schwartz v. Hynum, 933 So.2d 1039 (Miss.Ct.App.2006) (res judicata limits on relitigating issues from prior action)
- Kremer v. Chemical Constr. Corp., 456 U.S. 461 (1982) (full faith and credit and due-process considerations for invalid judgments)
- Sullivan v. Tullos, 19 So.3d 1271 (Miss.2009) (premature summary judgment; discovery impact)
- Thompson v. Nguyen, 86 So.3d 232 (Miss.2012) (standard for due-process and procedural fairness in summary judgment context)
- Fehlhaber v. Fehlhaber, 681 F.2d 1015 (5th Cir.1982) ( Rule 11 and litigation accountability considerations)