Detamore v. Sullivan

731 S.W.2d 122 (1987)

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Detamore v. Sullivan

Texas Court of Appeals
731 S.W.2d 122 (1987)

  • Written by Elizabeth Yingling, JD

Facts

Continental Bank of Canada (Continental) obtained a default judgment against Loren A. Detamore (plaintiff) in the Alberta Court of Queen’s Bench, Judicial District of Edmonton. Continental filed its default judgment in the Harris County, Texas, clerk’s office and requested a writ of execution. The clerk’s office issued the writ. Continental then filed an application for turnover order in the Harris County Civil Court at Law No. 2, seeking Detamore’s stock so that it could be sold under the writ of execution. The court, per an order issued by the Honorable Tom Sullivan (defendant), issued the turnover order. Detamore filed a petition for writ of mandamus in the court of appeals against Sullivan, seeking vacatur of the order. Detamore argued that the Texas Uniform Foreign Money-Judgments Act (the act) required Continental to file a lawsuit and obtain a judicial ruling recognizing the foreign judgment before the judgment could be enforced. The act had no language requiring a lawsuit before a foreign judgment could be enforced in Texas. Alternatively, Detamore argued that the act was an unconstitutional violation of Detamore’s due-process rights to object to the recognition of the foreign judgment.

Rule of Law

Issue

Holding and Reasoning (Cannon, J.)

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