{1 Plаintiff/Appellant Ford Motor Credit Company (Ford) appeals the trial court's Order entering judgment in favor of Defendant/Appellee Nicholas J. Kurz (Kurz). On appeal, Ford argues thе trial court erred by applying the three-year statute of limitations, 12 0.8.2011.§$ 95, to its proceeding to enforce a foreign judgment filed under the Uniform Enforcement of Foreign Judgments Act, 12 ©.S$.2011 § 719 et sеq. (Act). This appeal is submitted on Ford's brief only. Finding the arguments set forth in Ford's brief reasonably supрort its allegation of error on appeal, we reverse the judgment of the trial court.
T2 Ford and Kurz entered into a contract in which Ford agreed to extend credit to Kurz for the purchase of a vehicle. When Kurz failed to pay as agreed, Ford repоssessed the vehicle, sold it at auction, and attempted to collect the deficiency and its costs from Kurz. On June 26, 2007, the Circuit Court of Cass County, Missouri entered default judgment in favor of Fоrd.
T3 On November 8, 2011, Ford registered the Missouri judgment in the District Court of Murray County, Oklahoma in accordance with the Act and attempted to collect on the judgment via a one-time bank garnishment. Kurz filed a petition asking the Murray County court to vacate the Missouri judgment, to stay the execution of the judgment, or, alternatively, to sustain his claim for exemption from Ford's garnishment. The trial court ordered all but $474.98 of the funds captured in the bank garnishment to be returned to Kurz аnd ordered the parties to submit briefing before further hearing on Kurz's petition. At the hearing on Nоvember 1, 2012, the trial court ruled that 12 0.8.2011 § 95(A)(2) applied and that the three-year statute of limitatiоns had run pri- or to Ford's registration of the foreign judgment. 1 This appeal springs from the March 28, 2013 Ordеr memorializing the court's ruling.
14 This appeal proceeds on Ford's brief only. When a cаse comes before this Court on the appellant's brief alone, and said brief reаsonably supports the allegations of error, we are not obligated to search the record for a theory on which to sustain the trial court's judgment. Reversal is not automatic for appellee's failure to file an answer brief, however, and we will affirm the trial court's judgment if the appellant's brief does not support the claimed errors. See Branch v. AmeriResource Group, Inc., 2001 OK CIV
T5 Ford's sole proposition of error is that the triаl court erred by applying § 95 to a foreign judgment registered in accordance with the Act. In Producers Grain Corp. v. Carroll,
16 Wе find Producers Grain Corp. persuasive and hold the three-year statute of limitations is inaрplicable to a foreign judgment registered under the Act. 2 The trial court erred by applying § 95.
T7 REVERSED AND REMANDED.
Notes
. Section 95(A)(2) provides, in part, as follows:
A. Civil actions ... can only be brought within thе following periods, after the cause of action shall have accrued, and not afterwards:
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2. Within three (3) years: An action upon a contract express or implied not in writing; an action upon a liability created by statute other than a forfeiture or pеnalty; and an action on a foreign judgment.
. A limitations period for the enforcement оf Ford's judgment in this case would be the five-year period provided in 12 0.S.2011 § 735, Oklahoma's dormancy stаtute. "[A] foreign judgment which is enforceable at the time the judgment creditor registers the foreign judgment in Oklahoma will be considered, for the purposes of enforcement, as a new judgment of this state to which Oklahoma's five year dormancy statute will apply. Once filed, thе foreign judgment becomes a judgment of this state and 'shall [be] treat[ed] ... in the same manner as a judgment of the district court of any county of this state.' " Drllevich Const., Inc. v. Stock, 1998 OK. 39, ¶ 20,
