United States v. Fiorella
Opinion of the Court
In this judgment revival case, the United States District Court for the Northern District of Alabama, in an order dated September 29, 1987, denied the United States’ (Government) motion to revive a January 3, 1968, district court judgment against Sam A. Fiorella (Fiorella). We affirm.
The sole issue on appeal is whether the district court erred by denying the Government’s motion to revive the judgment of January 3, 1968.
Background
The facts are not disputed. On July 1, 1964, the Government commenced an action in district court against Fiorella, Fior-ella’s wife, and Shades Ridge Holding Company. The Government sought, inter alia, both to recover income taxes assessed against Fiorella for the 1956 through 1958 tax years and to foreclose the federal tax liens on all property and rights of property of Fiorella and Fiorella’s wife. On January 3, 1968, the district court, pursuant to a settlement between the parties involved in the action, entered judgment against Fior-ella in the amount of $286,727.75 and directed that Fiorella’s prior cash payment of $107,500 be credited to the judgment.
On January 19, 1978, the Government, asserting that $179,227.75 remained unpaid, filed a motion to revive the judgment of January 3, 1968.
Approximately 10 years later, the Government filed a second motion to revive the judgment of January 3, 1968, which would extend the life of the judgment until January 3, 1998. In an order dated September 29, 1987, the district court denied the Government’s second motion to revive, holding that it would be a violation of Alabama law to extend the life of the judgment beyond January 3, 1988.
Analysis
It is well settled that Alabama law controls the procedure on the execution of a judgment rendered in a district court located in Alabama.
Generally, the United States is not subject to local statutes of limitations.
The Government’s principal contention is that the underlying tax lien continues to exist independently of the January 3, 1968, district court judgment. The Government argues that, since the tax lien continues
Conclusion
In view of the foregoing, we hold that the district court properly applied Alabama law and properly denied the Government’s motion to revive the judgment of January 3, 1968. However, we decline to consider the enforceability of the underlying tax lien since this issue is not properly before this court.
AFFIRMED.
. United States v. Fiorella, No. 64-391 (N.D.Ala. Jan. 3, 1968).
. The January 3, 1968, judgment had become dormant by operation of Ala.Code § 6-9-192 (1975) (no execution shall issue on a judgment on which an execution has not been sued out within 10 years of its entry until the same has been revived by appropriate motion or action).
. United States v. Fiorella, No. 64-391 (N.D.Ala. Feb. 17, 1978).
. United States v. Fiorella, No. CV64-391-S (N.D.Ala. Sept. 29, 1987).
. Fed.R.Civ.P. 69(a) (1982) ("[t]he procedure on execution [of district court judgments], in proceedings supplementary to and in aid of a judgment * * * shall be in accordance with the practice and procedure of the state in which the district court is held, existing at the time the remedy is sought, except that any statute of the United States governs to the extent that it is applicable").
. Ala.Code § 6-9-190 (1975); see Henry v. State ex rel. Rambow, 16 Ala.App. 670, 81 So. 190 (1919).
. United States v. John Hancock Mut. Life Ins. Co., 364 U.S. 301, 308, 81 S.Ct. 1, 5, 5 L.Ed.2d 1 (1960); United States v. Summerlin, 310 U.S. 414, 416, 60 S.Ct. 1019, 1020, 84 L.Ed. 1283 (1940).
. Custer v. McCutcheon, 283 U.S. 514, 519, 51 S.Ct. 530, 531, 75 L.Ed. 1239 (1931).
Reference
- Full Case Name
- United States v. Sam FIORELLA, Katherine Fiorella, Shades Ridge Holding Company, Inc., Melina Fiorella, Grace Tortomasi, Pritchard, McCall & Jones, a partnership
- Cited By
- 12 cases
- Status
- Published