Addington v. Virgin Green Fund I, L.P.
Kentucky Court of Appeals
2014 WL 3714615 (2014)
- Written by Serena Lipski, JD
Facts
Robert R. Addington (defendant) executed a personal guaranty for $15,000,000 to secure a promissory note executed by DTX Oil, LLC (DTX) in favor of Virgin Green Fund I, L.P. (Virgin Green) (plaintiff). DTX defaulted on the promissory note and filed for bankruptcy. Virgin Green filed suit against Addington in Delaware state court to collect on Addington’s guaranty. Addington failed to appear in the Delaware court, which granted default judgment in favor of Virgin Green. Virgin Green filed a notice and affidavit of foreign-judgment recognition in Kentucky state court containing the Delaware court’s judgment. Virgin Green then moved to domesticate and execute on the judgment. The trial court granted the motion. Addington appealed. On appeal, Addington argued the merits of Virgin Green’s claim in Delaware against Addington. Addington did not argue that the default judgment was invalid under Delaware law, nor did Addington argue that the judgment should be set aside.
Rule of Law
Issue
Holding and Reasoning (Taylor, J.)
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