NICHOLAS ANTHONY CZAJKA, APPELLANT, v. HOLT GRAPHIC ARTS, INC., APPELLEE.
Nos. 18-CV-1257 & 19-CV-64
DISTRICT OF COLUMBIA COURT OF APPEALS
Decided November 23, 2022
Appeals from the Superior Court of the District of Columbia (CAR-3673-18) (Hon. William M. Jackson, Trial Judge) (Submitted September 22, 2020)
Notice: This opinion is subject to formal revision before publication in the Atlantic and Maryland Reporters. Users are requested to notify the Clerk of the Court of any formal errors so that corrections may be made before the bound volumes go to press.
David H. Cox and Erica L. Litovitz for appellant.
Horace L. Bradshaw, Jr. for appellee.
Before EASTERLY, MCLEESE, and DEAHL, Associate Judges.
Dissenting opinion by Associate Judge EASTERLY at page 27.
I. Factual and Procedural Background
The following basic facts appear to be undisputed for current purposes. HGA obtained a judgment against Allen Wilson in California in 2001. HGA filed the California judgment in Superior Court in November 2006. HGA then began efforts in Superior Court to enforce that judgment, including by trying to force the judicial sale of a condominium owned by Mr. Wilson in the District of Columbia. Substantial additional litigation ensued, and no judicial sale occurred. Rather, Mr. Wilson passed away, and the personal representative of Mr. Wilson‘s estate sold the cоndominium to two purchasers who in turn sold the condominium to Mr. Czajka.
In May 2018, HGA filed the current action, seeking to judicially foreclose on the condominium in order to enforce the California judgment that had been filed in Superior Court. Mr. Czajka‘s predecessors in interest moved to dismiss the action, arguing among other things that the action was barred by the twelve-year statute of limitations applicable to the enforcement of judgments rendered by the Superior Court.
The trial court agreed with HGA and denied the motion to dismiss. The trial court also granted summary judgment to HGA on the merits, directing that the condominium be sold and that the proceeds be applied to HGA‘s judgment.
II. Analysis
On appeal, Mr. Czajka argues only that HGA‘s action was barred by the statute of limitations. We uphold the ruling of the trial court on that issue.
“We decide issues of statutory interpretation de novo.” In re G.D.L., 223 A.3d 100, 104 (D.C. 2020). “In interpreting statutory text, we first look to see whether the statutory language at issue is plain and admits of no more than one meaning.” Id. (brackets and internal quotation marks omitted). We also “consider statutory context and structure, evident legislative purpose, and the potential consequences of adopting a given interрretation.” Id.
A. Statutory Text
The issue before the court turns on the interaction between two provisions. We have already mentioned the first:
[E]very final judgment or final decree for the payment of money rendered in the . . . Superior Court of the District of Columbia, when filed and recorded in the office of the Recorder of Deeds of the District of Columbia, is enforceable, by execution issued thereon, for the period of twelve years only from the date when an execution might first be issued thereon . . . .
The second provision,
Mr. Czajka appears to read those two provisions in the following way. Under
HGA reads the provisions differently. HGA points out that an execution could not have been issued on the California judgment in Superior Court until the California judgment was filed in Superior Court. HGA emphasizes the language in
In a related but potentially distinct line of reasoning, HGA argues that the filing of the California judgment in Superior Court created a new judgment. On HGA‘s view, that new judgment would be enforceable for twelve years from the date of its entry. (Arguably, the new judgment would be enforceable for twelve years after the new judgment could be executed upon, rather than the date the new judgment was entered. See
Mr. Czajka and HGA each contend that their interpretation is compelled by the plain language of the provisions. We conclude instead that both proposed interpretations are facially plausible readings of the statutory language at issue. It is undisputed that a filed foreign judgment “shall have the same effect” as a Superior Court judgment. The question is whether that requires that the filed foreign judgment be treated like a Superior Court judgment entered on the date of the foreign judgment or instead like a Superior Court judgment entered on the date the foreign judgment was filed in Superior Court. In our view, the text of sectiоns 15-101(a) and 15-352 does not clearly answer that question. We therefore turn to other tools of statutory interpretation.
B. Statutory Context, Structure, and History
1. D.C. Uniform Enforcement of Foreign Judgments Act
Section 15-352 was enacted in 1990, as part of the District of Columbia Uniform Enforcement of Foreign Judgments Act (DC UEFJA). D.C. Law 8-173, § 2(b), 37 D.C. Reg. 6561 (Oct. 19, 1990). The DC UEFJA is closely modeled on the Revised Uniform Enforcement of Foreign Judgments Act of 1964 (RUEFJA). Unif. Enf‘t of Foreign Judgments Act, Revised 1964 Act, 13 pt. 1 U.L.A. 155-245 (2002); see The Uniform Enforcement of Foreign Judgments Act of 1990, D.C. Council, Report on Bill 8-56 at 2 (June 20, 1990). Section 15-352 is almost identical to § 2 of the RUEFJA, with some minor wording changes to tailor the provision to the Superior Court. 13 pt. 1 U.L.A. at 163. Also, one sentence from the RUEFJA was not included in
The committee report on the DC UEFJA does not directly address the issue in this case. The report explains generally that the purpose of the DC UEFJA is to “provide an expeditious and simple procedure to enforce foreign judgments in courts of the District of Columbia.” Report on Bill 8-56 at 2. The report also states that “[t]he act of filing the foreign judgment gives it the effect of being a judgment of the court in the state in which it is filed, thereby eliminating the need for another trial.” Id.
2. State Decisions
This court has not squarely addressed the issue before us in this case. We therefore look for guidance from the decisions of state courts that have enacted the RUEFJA. Unfortunately, state courts have not reached consistent conclusions about the interaction between their statutes of limitations and provisions the same as, or similar to, section 2 of the RUEFJA. It appears, however, that the substantial weight of authority holds that the filing of a foreign judgment triggers a new limitation period. See, e.g., Hanley Eng‘g, Inc. v. Weitz & Co., 321 Or. App. 323, 328-29 (2022) (statute of limitations began to run on date judgment was filed in new state, not on date judgment was originally entered); Flangas v. Perfekt Mktg., LLC, 507 P.3d 574, 578 (Nev. 2022) (same); Nielson v. Schmoke, 863 S.E.2d 652, 660-66 (N.C. Ct. App. 2021) (same; citing numerous cases, including decisions from Maryland, New Jersey, and Louisiana); Ware v. Everest Grp., L.L.C., 238 S.W.3d 855, 863-64 (Tex. App. 2007) (same); Logemann Holding, Inc. v. Lieber, 793 N.E.2d 135, 136-139 (Ill. App. Ct. 2003) (same); Potomac Leasing Co. v. Dasco Tech. Corp., 10 P.3d 972, 975 n.2 (Utah 2000) (same); Drllevich Constr., Inc. v. Stock, 958 P.2d 1277, 1279-81 (Okla. 1998) (same; citing numerous cases, including decisions from New Mexico, New York, South Carolina, and Kansas); Walnut Grove Prods. v. Schnell, 659 S.W.2d 6, 7 (Mo. Ct. App. 1983) (same). But see Alpha Mortg. Fund II v. Drinkard, 497 P.3d 200, 206 (Idaho 2021) (“[T]he limitations period begins to run from the date the judgment is entered or last renewed in the rendering state.“) (internal quotation marks and emphasis omitted); Boudette v. Boudette, 453 P.3d 893, 897 (Mont. 2019) (same); Wells Fargo Bank, Nat‘l Ass‘n v. Kopfman, 226 P.3d 1068, 1071-72 (Colo. 2010) (same); Corzo Trucking Corp. v. West, 636 S.E.2d 39, 40-41 (Ga. Ct. App. 2006) (same); Michael v. Valley Trucking Co., 832 So. 2d 213, 217 (Fla. Dist. Ct. App. 2002) (same).
As previously noted, the D.C. Council has directed us to construe the DC UEFJA in favor of uniformity.
3. Federal Law
The RUEFJA was explicitly modeled on a federal statute,
We find those federal decisions very persuasive. See, e.g., Nielson, 863 S.E.2d at 658 (“Given the similarities between
4. Broader Context
Before the enactment of the DC UEFJA, foreign judgments were enforced in Superior Court by filing a civil action seeking to obtain a Superior Court judgment. See, e.g., Amos v. Shelton, 497 A.2d 1082, 1084 (D.C. 1985) (party seeking to enforce Pennsylvania judgment filed action in Superior Court seeking Superior Court judgment); Report on Bill 8-56 at 4-5 (summarizing testimony indicating that under current law party seeking to enforce foreign judgment was required to file civil action). The result of that civil action, if successful, was a Superior Court order entering judgment against the debtor. Amos, 497 A.2d at 1085-86.
A party who obtains a Superior Court judgment based on a foreign judgment would then apparently have an additional twelve years to enforce that Superior Court judgment.
The common law of other jurisdictions also required the filing of a full-blown civil action to establish a foreign judgment. See, e.g., Restatement (Second) of Judgments § 8 cmt. d (Am. L. Inst. 1982) (“[I]n the absence of legislation[,] the judgment of one state is not immediately enforceable by executive action in [another] state. Instead, the judgment must first be made a judgment in the state where it is to be enforced. This is done by bringing an action on the judgment in that state or, if statute permits, by registering it with an appropriate court in the state.“); 30 Am. Jur. 2d Executions § 580 (2022) (“At common
The RUEFJA did not displace the older, more cumbersome way of making a foreign judgment enforceable. Rather, § 6 of the RUEFJA, entitled “Optional Procedure,” provides that “[t]he right of a judgment creditor to bring an action to enforce [the] judgment instead of proceeding under this Act remains unimpaired.” 13 Pt. 1 U.L.A. 243. The DC UEFJA provides the same, in virtually identical language.
This broader context is relevant in three related ways. First, under the law before the RUEFJA, establishing a foreign judgment generally triggered a new limitation period. The RUEFJA and the DC UEFJA were intended to streamline the process of establishing foreign judgments. There is no suggestion in the history of either provision that the provisions were intended to take the significant and distinct step of reducing the time within which foreign judgments could be enforced in a new state. Cf., e.g., Jones v. United States, 526 U.S. 227, 234 (1999) (noting “fair assumption that Congress is unlikely to intend any radical departures from past practice without making a point of saying so“). In fact, it is quite clear that the drafters of the RUEFJA and the DC UEFJA had no intent to reduce the time within which foreign judgments could be enforced, because they left the common-law practice in place as an alternative.
Second, Mr. Czajka has provided no reason, and we see no reason, why the drafters of the RUEFJA and the DC UEFJA would want different limitation periods to apply depending on whether a party established a foreign judgment using the common-law approach or a more streamlined approach. See, e.g., Alexander Constr. Co. v. Weaver, 594 P.2d 248, 250 (Kan. Ct. App. 1979) (“The Uniform Enforcement of Foreign Judgments Act was instituted to provide a more effective and efficient time-saving procedure for the enforcement of judgments obtained in foreign jurisdictions. Our adoption of this Act does not extinguish the judgment creditor‘s right to bring or file an action to enforce [a] foreign judgment in this state. It is merely another method available to the judgment creditor. The statute of limitations applicable to enforcement of a foreign judgment in Kansas should be the same regardless of which of these methods of enforcement is chosen by the judgment creditor.“) (citation omitted).
Third, the common-law procedure sheds light on how best to understand the language in
5. Mr. Czajka‘s Arguments
Taken together, the foregoing considerations persuade us that the filing of a foreign judgment in Superior Court triggers a new twelve-year limitation period, measured from the date on which the filed foreign judgment could thereafter be enforced in Superior Court. Mr. Czajka makes two additional arguments in support of the contrary conclusion, but we are not convinced by them.
Mr. Czajka argues that parties filing a foreign judgment in Superior Court should not be better off than parties who have judgments initially entered in Superior Court. We are not convinced by that argument for several reasons. First, providing for longer overall limitation periods in cases involving interstate efforts to enforce judgments does not seem unreasonable. Second, parties with Superior Court judgments may well benefit from that approach if they need to enforce their judgments in foreign jurisdictions. Third, parties with Superior Court judgments have the ability to seek to extend the limitation period if necessary, by filing a motion to revive the judgment. See
Mr. Czajka also suggests that permitting foreign judgments filed in Superior Court to trigger a new limitation period would result in unreasonably long periods within which parties could enforce judgments. We agree with the Fourth Circuit‘s response to a similar argument:
Finally, Asterbadi proposed during oral argument numerous horribles that he envisions will result from the fact that creditors will be able repeatedly to restart a statute of limitations through the simple act of registration, defeating any purpose for the limitation. The posited consequences, however, are no different than have always existed under the more burdensome process of suing on an original judgment to obtain a new judgment in the enforcement jurisdiction. When the new judgment was entered, it carried with it the limitations period then applicable to judgments in the State of entry. Moreover, creditors in many States—including in Maryland—are also able to renew existing judgments indefinitely and thus extend enforcement with new limitations periods without any adversarial process.
Asterbadi, 841 F.3d at 246. We also note that Mr. Czajka has not provided support for the idea that such abuses have arisen in the federal courts or in the numerous states that follow the rule that we adopt today.
6. Response to the Dissent
The dissent concludes that the statute of limitations began to run in this case on the date that the California judgment was issued. Infra at 31-33. Our reasoning differs from that of the dissent in a number of respects.
i.
The dissent takes the view that a foreign judgment filed under
ii.
The dissent repeatedly states that the conclusion it reaches is dictated by the plain language of
iii.
The dissent expresses the view that if filed foreign judgments have the same effect as Superior Court judgments, then the prior method of establishing a foreign judgment by initiating a civil action in Superior Court will be superfluous. Infra at 35-36. As the dissent points out, id. at 31, the DC UEFJA explicitly preserved the latter method.
DC UEFJA] remains unimpaired.”). The dissent’s point here rests entirely on the assumption that the only reason a creditor would file a civil action rather than filing the judgment under the DC UEFJA is to get the benefit of a longer enforcement period. Infra at 31. The dissent provides no support for that assumption, and the assumption is not obviously correct. It is true that
In any event, the dissent in our view gives undue weight to the possibility of superfluity. There is a significant preference for giving all of the words in a provision independent effect, but that is not a flat requirement. See, e.g., Rotunda v. Marriott Int’l, Inc., 123 A.3d 980, 988-89 (D.C. 2015) (“The canon against surplusage is not an absolute rule . . . .”) (internal quotation marks omitted); Lamie v. U.S. Tr., 540 U.S. 526, 536 (2004) (“[O]ur preference for avoiding surplusage constructions is not absolute.”); District of Columbia v. Jerry M., 717 A.2d 866, 871 (D.C. 1998) (The presumption against redundancy, “while properly a part of the court’s interpretive calculus, is not dispositive of the case.”). In particular, the presumption against surplusage ordinarily must yield to the plain language of a provision. Lamie, 540 U.S. at 536. In our view, the dissent overlooks this limitation, by relying on the preference against superfluity to conclude that
iv.
The dissent states that, under the interpretation we adopt, creditors could enforce foreign judgments that are expired in their state of origin. Infra at 38-40. The question whether an expired foreign judgment can be enforced under the DC UEFJA is not raised by the facts of this case, and we express no view on the matter. We note, however, that at least one court has held that neither the Full Faith and Credit Clause nor that state’s version of the UEFJA “requires registration of a foreign judgment that no longer has any effect in the state that originally produced the judgment.” Muka v. Horizon Fin. Corp., 766 So. 2d 239, 240 (Fla. Dist. Ct. App. 2000); see
We also note that we do not view it as self-evident that
The dissent suggests that thеre is no procedural mechanism to challenge a filed foreign judgment, infra at 38-40, but that is not the case. It is true that the filing of the foreign judgment is an administrative act, but the DC UEFJA explicitly provides that filed foreign judgments are subject to the same procedures and defenses as Superior Court judgments.
We also note that the approach favored by the dissent appears to permit foreign creditors use the DC UEFJA to enforce expired foreign judgments. Under the dissent’s approach, a foreign judgment can be enforced in the District of Columbia for twelve years after the judgment could have been enforced in the issuing state. Infra at 34-35. Consider, for example, a North Carolina judgment entered eleven years ago. That judgment would be expired under North Carolina law. See
The dissent disputes that expired foreign judgments could be enforced under its approach. Infra at 41 n.11. The dissent suggests that, under its view, a debtor could prevent the enforcement of an expired foreign judgment by relying on
v.
Finally, the dissent contends that the legislative history of the RUEFJA and the DC UEFJA “contain[] no mention of a desire to give new temporal life to foreign judgments.” Infra at 47. In our view, that contention starts from an incorrect premise. The preexisting common-law procedure gave new temporal life to foreign judgments once those judgments were established in another state. The RUEFJA and the DC UEFJA were intended simply to streamline that process, and there is no indication that they were intended to shorten the time frame for enforcing foreign judgments.
For the foregoing reasons, the judgment of the Superior Court is affirmed.
So ordered.
EASTERLY, Associate Judge, dissenting: This case concerns the enforceability of an asserted statutory lien on real property that arose from a 2001 California money judgment against Allen Wilson, a former owner of the property.1 Holt Graphic Arts filed the California judgment in November 2006 with the Office of the Clerk of the Superior Court of the District of Columbia, pursuant to
The question before us is whether this judgment expired in 2013 before Mr. Wilson’s estate sold the property to new owners (who then sold the property to appellant Nicholas Anthony Czajka) and before HGA sought to foreclose on the property and forcе its sale in May 2018.
My colleagues in the majority conclude that
I. The Statutory Text
A. The Plain Language of § 15-352 and § 15-101(a)
A “foreign judgment” is statutorily defined to exclude a judgment issued by District of Columbia courts.2 And under the D.C. UEFJA, a judgment by a foreign court remains a “foreign judgment” even after it is filed in D.C. pursuant to
The plain-language understanding that a foreign judgment remains a foreign judgment even after filing under
Thus, to follow the command of
B. The Illogical Implications of My Colleagues’ Alternate Interpretation of § 15-352 and § 15-101(a)
My colleagues in the majority accept that my plain-language reading of
To recap, under my plain-language understanding of the D.C. UEFJA, the two methods a creditor can use to seek recognition of a foreign judgment in the District in order to enforce it lead to different results. Under the old common-law method, preserved in
Contrast this with the conception of
First, the cumbersome common-law method of obtaining recognition of a foreign judgment and the streamlined filing method produce precisely the same result: a new 12-year period of enforcement of the judgment in the District. That alone is logically odd—a creditor can put in less effort to get the same benefit. But it also contradicts the statutory text. It treats a filed foreign judgment as if it were converted into a D.C. judgment under
Take the facts of this case as an example. The “date when an execution [of HGA’s California judgment] might [have] first be[en] issued thereon” under
Moreover, under the majority opinion’s rule, a creditor could conceivably wait until a foreign judgment was just about to expire in its originating jurisdiction and then, upon filing it in the District, get 12 additional years to enforce it.8 The holder of a D.C. judgment does not possess equivalent power to decide when the enforcement clock starts running in the District.
But the most curious and unsettling result of my colleagues’ interpretation of the language triggering the 12-year enforcement period—“the date when an execution might first be issued thereon”—to mean the filing date in the Superior Court Clerk’s Office is that it appears to allow creditors to file and then enforce foreign judgments that are expired in their jurisdiction of origin. As discussed, the filing process under
A putative debtor who later sought to challenge the enforcement of an expired-when-filed foreign judgment would sеemingly be without a substantive basis to proceed under the majority opinion’s conception of
Given that the whole point of having a limitations period on the enforcement of judgments in D.C. courts is to guard against stale judgments,10 I cannot agree with an interpretation of
as enforceable?—and it certainly does not subject foreign judgments to the “same defenses” as D.C. judgments as
II. Legislative History and Purpose
While I would conclude that the plain language of
The D.C. UEFJA is a product of the Model Revised Uniform Enforcement of Foreign Judgments Act, which in turn has its foundation in the Full Faith and Credit Clause of the Constitution. The Full Faith and Credit Clause provides that “Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State.”
The development over the years of the model statute itself acts as support for the idea that the Full Fаith and Credit Clause does not dictate any single procedure for enforcing foreign judgments. Historically, the common-law method preserved in
The Commission then came up with the Revised Uniform Enforcement of Foreign Judgments Act (“RUEFJA“), which adopted a filing procedure for state court judgments. At a 1963 meeting regarding this proposal, the Commission discussed the fact that some states, by various means, afforded more than full faith and credit to out-of-state judgments, but the chairman of the committee that had drafted the model legislation explained that “the purpose of this Act is to provide a uniform means of doing what we are absolutely required to do by the Constitution of the United States. That is the only purpose of it.” Proceedings in Committee
The District adopted the RUEFJA in response to a Judiciary Committee Report explaining that (1) “Article IV, Section 1 of the Constitution of the United States requires each state to give full faith and credit to the official acts and judgments of every other state“; (2) the RUEFJA had been drafted to address the “problem of [this clause‘s] implementation“; (3) as drafted the D.C. UEFJA was “almost identical” to the model statute; (4) the purpose of the D.C. UEFJA was “to provide an expeditious and simple procedure to enforce foreign judgments in courts of the District of Columbia“; and (5) “[t]he act of filing the foreign judgment [in Superior Court] gives it the effect of being a judgment of” the Superior Court, “thereby eliminating the need for another trial.” The Uniform Enforcement of Foreign Judgments Act of 1990, D.C. Council, Report on Bill 8-56 at 2, 4 (June 20, 1990). As with the discussion of the RUEFJA before the Uniform Law Commission, the discussion of the D.C. UEFJA before the Council contains no mention of a desire to give new temporal life to foreign judgments with the adoption of a filing procedure. Instead the sole aim appears to have been to provide a procedurally streamlined mechanism to facilitate compliance with the geographic mandate of the Full Faith and Credit Clause.
III. Other Courts’ Decisions
Where the plain-language meaning of
While I agree with my colleagues that we must take seriously the Council‘s directive to “interpret[] and construe[]” the D.C. UEFJA “to effectuate its general purpose to make uniform the law of jurisdictions that enact it,”
As for the federal appellate cases to which the majority opinion alludes, ante at 10-11, I disagree that they have any bearing on our analysis. First, these cases are interpreting
IV. Other Considerations
The majority opinion concludes with an array of policy аrguments explaining why its analysis of
Although this case does not present the worst-case scenario of a creditor seeking to revive an expired foreign judgment by filing it in the District, it does raise concerns about creditors sitting on their rights. HGA‘s California judgment against Mr. Wilson is from 2001 and it appears that, post-filing in D.C. in 2006, HGA did in fact seek to enforce that judgment. According to an earlier related appeal, the Superior Court authorized the U.S. Marshal to seize and sell Mr. Wilson‘s property to pay the judgment. Wilson v. Holt Graphic Arts, Inc., 981 A.2d 616, 617 & n.2 (D.C. 2009). The forced sale did not occur, however. HGA provided no explanation for this nonevent in its 2018 complaint initiating this case; it did not even acknowledge that it had successfully obtained authority to seize Mr. Wilson‘s property but then failed to actually seize it.
* * *
For the reasons set forth above, I respectfully dissent.
Notes
In any event, these examples do not prove the majority opinion’s point that creditors generally still see some benefit in continuing to use the more cumbersome common-law method to obtain recognition of a foreign judgment even if they could use the simplified filing method under their state’s UEFJA to obtain the same statute of limitations. For example, the creditor in GreatAmerica Financial Services Corp. v. Lillington Family Chiropractic, PA, 791 S.E.2d 663 (Table), at *3 (N.C. Ct. App. 2016), filed a common law action before the same intermediate appellate court held that the filing of a foreign judgment in North Carolina would restart the statute of limitations in Nielson v. Schmoke, 863 S.E.2d 652 (N.C. Ct. App. 2021), that is, at a time when the legal landscape was uncertain. And the creditor in Joseph C. Sansone Co. v. Woodland St., LLC, No. CV-20-6131647, 2022 WL 1179803 (Conn. Super. Ct. Apr. 12, 2022), used the common-law method to enforce a foreign default judgment because that is what Connecticut law requires. See
To the extent my colleagues think that under my conception of D.C. law, a foreign judgment that is expired when filed could be enforced in the District, they are mistaken. To be sure, such a judgment could be filed—again there is no check on filing expired foreign judgments. But just as a putative debtor at the time of enforcement could challenge a D.C. judgment аs expired by looking to the “date when an execution might first be issued thereon” in the District, they could likewise at the time of enforcement challenge a foreign judgment as expired before it was filed by looking to the “date when an execution might first be issued thereon” in the foreign jurisdiction. As discussed above, the majority opinion precludes such an argument because it holds that the “date when an execution might first be issued thereon” is the filing date.
To the extent my colleagues are challenging my conception of District law as somehow illogical because a foreign judgment with a less-than-12-year enforcement period in its originating jurisdiction would—if filed in the District before it expired—get the benefit of the District‘s 12-year statute of limitations, I see no incongruity. As discussed, by its plain language,