Conglis v. Radcliffe
New Mexico Supreme Court
889 P.2d 1209 (1995)
- Written by Mary Phelan D'Isa, JD
Facts
Conglis obtained a Tennessee state court judgment against Radcliffe based on Radcliffe’s default on a promissory note. Radcliffe failed to appear in the Tennessee action, although he had been personally served and had received notice of the trial date. Conglis filed the Tennessee judgment in New Mexico, where Radcliffe was residing, and sought to levy against Radcliffe’s property under the New Mexico foreign-judgment act. Radcliffe moved to set aside the judgment under New Mexico’s foreign-judgment act, which Radcliffe contended required the New Mexico court to give the Tennessee judgment the same effect that would be given to a judgment entered by a New Mexico court. The trial court denied Radcliffe’s motion and refused to set aside the Tennessee judgment based on Radcliffe’s assertion that it was based on fraud and other facts justifying relief. Radcliffe appealed.
Rule of Law
Issue
Holding and Reasoning (Minzner, J.)
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