Schwartz v. Hynum
| Docket Number: | 2004-CA-02530-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 07-18-2006 Opinion Author: Lee, P.J. Holding: Reversed and Remanded |
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| Additional Case Information: |
Topic: Enrollment of judgment - Full faith and credit - Res judicata Judge(s) Concurring: King, C.J., Myers, P.J., Southwick, Irving, Chandler, Griffis, Barnes, Ishee and Roberts, JJ. Procedural History: Bench Trial Nature of the Case: CIVIL - OTHER |
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| Trial Court: |
Date of Trial Judgment: 12-30-2002 Appealed from: Forrest County Circuit Court Judge: Richard W. McKenzie Disposition: TRIAL COURT FOUND THAT FOREIGN ORDER WAS NOT ENTITLED TO FULL FAITH AND CREDIT. Case Number: CI99-0038 |
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| Party Name: | Attorney Name: | |||
| Appellant: | George R. Schwartz, M.D. |
GARY DALE THRASH |
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| Appellee: | Wayne Hynum | WAYNE HYNUM |
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Synopsis provided by:  If you are interested in subscribing to the weekly synopses of all Mississippi Supreme Court and Court of Appeals hand downs please contact Tammy Upton in the MLI Press office. |
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| Topic: | Enrollment of judgment - Full faith and credit - Res judicata |
| Summary of the Facts: | Wayne Hynum, an attorney residing in and practicing in Hattiesburg, contacted Dr. George Schwartz of Santa Fe, New Mexico, to hire Dr. Schwartz as an expert witness for litigation pending in Texas. At the end of his services, Dr. Schwartz submitted a bill to Hynum in the amount of $14,628.49. This fee was in addition to funds already paid by Hynum to Dr. Schwartz. Hynum refused to tender payment, and Dr. Schwartz filed suit in New Mexico. Hynum filed a special appearance pro se in New Mexico contesting jurisdiction, and a hearing on the matter was scheduled. Hynum failed to appear, either in person or via counsel. Finding that Hynum had sufficient minimum contacts with New Mexico for the court to exercise personal jurisdiction, the court denied the special appearance. Dr. Schwartz then secured a default judgment against Hynum. Dr. Schwartz enrolled the New Mexico judgment with the Forrest County Circuit Court Clerk. Hynum filed a response to the enrollment, arguing that the judgment was not entitled to full faith and credit as New Mexico lacked personal jurisdiction over him. The Forrest County Circuit Court entered a judgment striking the judgment from the judgment rolls of Forrest County. Dr. Schwartz appeals. |
| Summary of Opinion Analysis: | Dr. Schwartz argues that the court erred in denying the judgment full faith and credit. Pursuant to the United States Constitution, Art. IV, Sec. 1, Mississippi must give full faith and credit to all final judgments of other states and federal courts unless the foreign judgment itself was obtained as a result of some false representation without which the judgment would not have been rendered, or the rendering court did not have jurisdiction over the parties in the subject matter. Dr. Schwartz enrolled the judgment on March 3, 1999, and the clerk mailed notice of the enrollment on that date. Hynum then had twenty days to contest the enrollment of the judgment. Hynum’s response was filed on April 28, 1999, outside the twenty-day limit. Thus, Hynum’s defenses to the enrollment which alleged false representations by Dr. Schwartz were not properly before the trial court. Dr. Schwartz also argues that res judicata applies, thus the Forrest County Circuit Court erred in allowing Hynum to re-litigate the validity of New Mexico’s jurisdiction. For res judicata to apply to the issue of jurisdiction, a previous challenge on the jurisdictional claim is necessary. In entering a special appearance in New Mexico for the purpose of contesting jurisdiction, Hynum agreed to abide by New Mexico’s ruling on the jurisdictional issue. Such an appearance preserved the right to contest jurisdiction on direct appeal, but not the right to attack the matter in a collateral proceeding. Hynum could have appealed the decision of the foreign court, but he chose to do nothing. Accordingly, Hynum is bound by the foreign court’s finding of personal jurisdiction. |
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