Printable Format60-3001. Foreign judgment, defined. As used in this act:
(a) "Foreign judgment" means any judgment, decree or order of a court of the United States or of any other court which is entitled to full faith and credit in this state, except that no judgment of any court in this state shall be a foreign judgment in any other court of this state; and
(b) "state" means a state of the United States.
History: L. 1970, ch. 243, § 1; L. 1971, ch. 199, § 1; L. 2000, ch. 107, § 1; July 1.
Law Review and Bar Journal References:
"Y2K: An active year for judicial legislation," Paul T. Davis, 69 J.K.B.A. No. 7, 12 (2000).
"Conflict of Laws in Kansas: A Guide to Navigating the Dismal Swamp," Terri Savely Bezek, 71 J.K.B.A. No. 8, 21 (2002).
CASE ANNOTATIONS
1. Foreign default judgment filed hereunder dismissed on motion; failure to acquire jurisdiction; void. National Equip. Rental, Ltd. v. Taylor, 225 Kan. 58, 59, 587 P.2d 870.
2. Statutes of limitation in K.S.A. 60-511 and 60-516 govern filings under uniform enforcement of foreign judgments act. Alexander Construction Co. v. Weaver, 3 Kan. App. 2d 298, 299, 300, 302, 594 P.2d 248.
3. Cited; Oklahoma judgment finding jurisdiction in that state is res judicata in this state and not subject to relitigation. Undrey Engine & Pump Co. v. Eufaula Enterprises, Inc., 226 Kan. 186, 187, 597 P.2d 246.
4. Ambiguities in judgment as to extraneous matters do not render judgment unenforceable. Brockman Equipment Leasing, Inc. v. Zollar, 3 Kan. App. 2d 477, 478, 596 P.2d 827.
5. Judgment by foreign court which had jurisdiction entitled to full faith and credit. Brockman Equipment Leasing, Inc. v. Zollar, 3 Kan. App. 2d 477, 478, 596 P.2d 827.
6. An order of Missouri court awarding attorney fees is a foreign judgment entitled to full faith and credit. Hickman v. Frerking, 4 Kan. App. 2d 590, 591, 592, 609 P.2d 682.
7. Foreign judgment registered in Missouri held not a foreign judgment that can be subsequently registered in Kansas. Tanner v. Hancock, 5 Kan. App. 2d 558, 619 P.2d 1177.
8. Counterclaim cannot be asserted in proceeding under Act. Landon v. Artz, 6 Kan. App. 2d 617, 621, 631 P.2d 1237 (1981).
9. Judgment by foreign court which had jurisdiction entitled to full faith and credit when such court finds judgment is new and not revival of prior judgment. Johnson Brothers Wholesale Liquor Co. v. Clemmons, 233 Kan. 405, 406, 661 P.2d 1242 (1983).
10. Cited; revival of foreign judgment by that jurisdiction which creates new judgment entitled to Kansas recognition. Worthington v. Miller, 11 Kan. App. 2d 396, 399, 727 P.2d 928 (1986).
11. Where action duly revived (K.S.A. 60-225), appellate decision, if any, noted as final judgment perfecting demand against estate (K.S.A. 59-2238). In re Estate of Rains, 249 Kan. 178, 184, 815 P.2d 61 (1991).