Holiday Casino, Inc. v. Breedwell
Holiday Casino, Inc. v. Breedwell
Opinion
In this action, Holiday Casino, Inc., appeals from the trial court's judgment holding that the final judgment rendered in the State of Nevada in Holiday's action against James Breedwell is not enforceable in the State of Alabama and enjoining enforcement of that judgment in this State.
From the evidence,1 it appears that, while gambling at Holiday Casino, Inc., in Las Vegas, Nevada, James Breedwell executed certain negotiable instruments, known as "markers," to Holiday in an *Page 475 aggregate amount of $15,000. Each of the markers contained an order for Breedwell's bank, the First State Bank of Albertville, to pay a certain sum of money to Holiday.
Upon presentment to the First State Bank of Albertville, the bank dishonored the markers for lack of sufficient funds. Subsequent efforts to collect the amount of the markers from Breedwell were unsuccessful. Thus, Holiday filed an action in the appropriate Nevada court and obtained a judgment against Breedwell in that court for the principal amount of the markers, together with interest, attorney fees, and costs.
Thereafter, Holiday filed an action in the Circuit Court of Marshall County, Alabama, to enforce the Nevada judgment under the Alabama version of the Uniform Enforcement of Foreign Judgments Act, see Ala. Code 1975, §§
The ultimate issue before this court is whether, consistent with the Full Faith and Credit Clause of the United States Constitution, Article
This issue, although one of first impression in this court, was addressed by the United States Supreme Court many years ago in Fauntleroy v. Lum,
Wessinger v. First Federal Savings Loan Association of WarnerRobins,"The Constitution of the United States, Article IV, Section 1, requires that 'full faith and credit shall be given in each state to the public acts, records and judicial proceedings of every other state.' The judgment of the court of another state having jurisdiction of the subject matter and persons is entitled to full faith and credit in Alabama courts. Hester v. Clinic Masters, Inc.,
371 So.2d 915 (Ala.Civ.App. 1979), cert. denied,371 So.2d 917 (Ala. 1979). The validity and effect of a foreign judgment, of course, are to be determined by the law of the state in which it was rendered. Forbes v. Davis,187 Ala. 71 ,65 So. 516 (1914)."
REVERSED AND REMANDED.
HORNSBY, C.J., and ADAMS, STEAGALL and INGRAM, JJ., concur.
Reference
- Full Case Name
- Holiday Casino, Inc. v. James Breedwell.
- Cited By
- 1 case
- Status
- Published