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Multibanco Comermex, S.A. v. Gonzalez H

Court of Appeals of Arizona, Division Two
Jun 23, 1981
129 Ariz. 321 (Ariz. Ct. App. 1981)

Summary

holding that judgments from a foreign country cannot be registered in a domestic court

Summary of this case from MORI v. MORI

Opinion

No. 2 CA-CIV 3851.

May 7, 1981. Rehearing Denied May 27, 1981. Review Denied June 23, 1981.

Appeal from the Superior Court, Santa Cruz County, Cause No. 9798, Roberto C. Montiel, J.

Law Offices of Dennis T. Fenwick, P.C. by Dennis T. Fenwick, Nogales, for plaintiff/appellant.

Larson, Soto Machado by Jose Luis Machado, Nogales, for defendants/appellees.


OPINION


Is a judgment of a Mexican court a "foreign judgment" within the meaning of A.R.S. Sec. 12-1701 of the Uniform Enforcement of Foreign Judgments Act? We hold that it is not and affirm.

Appellant filed in the Superior Court of Santa Cruz County, eight Mexican judgments which it sought to enforce under the Uniform Enforcement of Foreign Judgments Act, A.R.S. Sec. 12-1701 et seq. Pursuant to appellees' motion, the trial court quashed the judgments.

A.R.S. Sec. 12-1701 states that "`foreign judgment' means any judgment . . . which is entitled to full faith and credit in this state." Appellant contends that a judgment from Mexico is a foreign judgment and is entitled to full faith and credit. We do not agree. The "full faith and credit" that is referred to in 12-1701 is the full faith and credit that is required by the Constitution of the United States, Art. IV, Sec. 1, which states: "Full Faith and Credit shall be given in each State to . . . judicial Proceedings of every other State. . . ." This means that full faith and credit must be given to the judicial proceedings of a sister state but not to judgments from foreign countries.

Affirmed.

BIRDSALL, J., and ROBERT J. HOOKER, Superior Court Judge, concur.

NOTE: Chief Judge JAMES D. HATHAWAY having recused himself in this matter, Judge ROBERT J. HOOKER was called to sit in his stead and participate in the determination of this decision.


Summaries of

Multibanco Comermex, S.A. v. Gonzalez H

Court of Appeals of Arizona, Division Two
Jun 23, 1981
129 Ariz. 321 (Ariz. Ct. App. 1981)

holding that judgments from a foreign country cannot be registered in a domestic court

Summary of this case from MORI v. MORI
Case details for

Multibanco Comermex, S.A. v. Gonzalez H

Case Details

Full title:MULTIBANCO COMERMEX, S.A., a Mexican Corporation, Plaintiff/Appellant, v…

Court:Court of Appeals of Arizona, Division Two

Date published: Jun 23, 1981

Citations

129 Ariz. 321 (Ariz. Ct. App. 1981)
630 P.2d 1053

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