Haire v. Eide
Haire v. Eide
Opinion of the Court
This is a suit to domesticate a Florida judgment. The plaintiffs motion for summary judgment was granted. The defendant has appealed. The following facts are not in conflict. The plaintiff and defendant, in February, 1961, were divorced by the Circuit Court of Collier County, Florida, a court which had jurisdiction over the subject matter and the parties. The docket number of the case was No. 1255. The final judgment ordered defendant to pay child support and medical expense for his minor children. In November, 1968, defendant moved to Georgia and resided initially in Miller County for a period of time and thereafter has continually resided in Decatur County.
On April 25, 1978, plaintiff filed a motion for contempt against defendant alleging the failure of defendant to pay child support and medical expense in the Circuit Court of Collier County. A hearing on the motion was scheduled for July 17, 1978. Defendant was personally served on May 2, 1978, in Decatur County, Georgia, with a copy of plaintiffs motion. Defendant did not appear in the Florida court. A judgment reflecting the original docket number, 1255, was entered on July 17, 1978, against defendant for $29,338.00 as arrearage in child support and medical expenses. On August 7, 1978, the present suit was filed in the Superior Court of Decatur County, Georgia. The defendant asserted as a defense a lack of personal jurisdiction of the Florida court, which he asserts rendered the July 17, 1978 judgment void. Held:
The courts of this state are required by the United States Constitution to give full faith and credit to the judgment of a sister state. Code § 1-401. A judgment in one state is conclusive upon the merits in every other state, but only if the court of the first state had jurisdiction. Williams v. North Carolina, 325 U. S. 226, 229 (65 SC
Judgment affirmed.
Reference
- Full Case Name
- HAIRE v. EIDE
- Cited By
- 1 case
- Status
- Published