DocketNumber: No. CV-93-0349683-S
Judges: MARTIN, J.
Filed Date: 2/25/1994
Status: Non-Precedential
Modified Date: 7/5/2016
The defendant filed an answer and special defenses on September 8, 1993. In his answer, the defendant admits all of the allegations in the plaintiff's complaint, but denies the enforceability of the Alaska judgment. In his first special defense, the defendant alleges that the Alaska judgment was procured by fraud and is unenforceable against the defendant. In his second special defense, the defendant alleges that under General Statutes
The plaintiff moves for summary judgment on the ground that there is no genuine issue of material fact as to the validity of the Alaska judgment. Pursuant to Practice Book 380, the plaintiff filed a memorandum in support of the motion. The plaintiff attached a copy of the Alaska judgment to the motion. The CT Page 1939 defendant timely filed a memorandum in opposition to the motion. The defendant attached his affidavit to the memorandum.
The motion for summary judgment is "designed to eliminate delay and expenses of litigating an issue when there is no real issue to be tried." Wilson v. New Haven,
After the "moving party has presented evidence in support of the motion for summary judgment, the opposing party must present evidence that demonstrates the existence of some disputed factual issue. . . . It is not enough, however, for the opposing party merely to assert the existence of such a disputed issue. (Citation omitted.) Hammer v. Lumberman's Mutual Casualty Co.,
The plaintiff moves for summary judgment on the ground that there is no genuine issue of material fact. The plaintiff argues that the defendant's first special defense is not a sufficient defense to the plaintiff's action. The plaintiff argues that since it is proceeding under General Statutes
The defendant argues that the Alaska judgment is unenforceable since it was procured by fraud. The defendant states in his affidavit that the parties had reached an agreement in Alaska that the plaintiff would forbear from collection of the debt. The defendant claims that the plaintiff violated the terms of the agreement in obtaining the Alaska judgment. The defendant argues that because of the plaintiff's fraud, the judgment is invalid and he may attack it collaterally.
"As a matter of federal law, the full faith and credit clause requires a state court to accord to the judgment of another state CT Page 1940 the same credit, validity, and effect as the state that rendered the judgment." (Citation omitted.) Packer Plastics, Inc. v. Laundon,
"Where a judgment is based upon default of appearance, the party seeking to enforce the judgment must proceed by way of General Statutes
In the present case, there is no dispute that the Alaska court entered a default judgment on the basis of the defendant's failure to appear and defend the action. The defendant's defense to the judgment is based on the plaintiff's alleged fraud. This defense should have been brought in the Alaska state Court. See Seaboard Surety Co. v. Waterbury, supra, 472 n. 5 (defense that judgment by confession was procured by duress should have been brought in sister state's court). Furthermore, since the defendant does not attack either the jurisdiction of the Alaska court, the legality of the Alaska court, or the Alaska court's power to grant the judgment, he cannot show that the Alaska judgment is void. Therefore, since there is no genuine issue of material fact as to the validity of the Alaska judgment, the plaintiff's motion for summary judgment is granted.
Martin, J. CT Page 1941