John A. Higginbotham v. Anne Cleve

Citation: Not availableDocket: M2002-00899-COA-R3-CV

Court: Court of Appeals of Tennessee; October 29, 2002; Tennessee; State Appellate Court

Original Court Document: View Document

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Anne Cleve appeals a trial court's decision that enforced a foreign judgment from Alabama against her. The case originated from a breach of contract lawsuit filed by John A. Higginbotham in the Circuit Court of Madison County, Alabama. Cleve contested the Alabama court's jurisdiction but her motion to dismiss was denied on July 14, 1997, with the court citing substantial evidence of her business dealings in Alabama. The court ordered her to respond to the complaint. Subsequently, on October 19, 1998, the Alabama court ruled in favor of Higginbotham, awarding him $49,500 plus court costs, a judgment that Cleve did not appeal and thus became final.

On May 24, 1999, Higginbotham filed a petition in the Chancery Court of Lincoln County, Tennessee, to register the Alabama judgment. The court affirmed the lower court's decision to enforce the judgment, indicating Cleve's extensive documentation did not effectively challenge the straightforward issue at hand. The appellate court, with Justices Cain, Cantrell, and Cottrell concurring, upheld the trial court's ruling, emphasizing the necessity for legal representation in complex matters.

On July 1, 1999, Anne P. Cleve filed an objection to a foreign judgment against her, contending that she was unaware of the judgment until served, denied its validity, claimed it was obtained ex parte, and argued that she was denied procedural due process in Alabama. Cleve requested a 30-day extension to obtain legal counsel. Following this, she submitted numerous motions and documents challenging various individuals involved in the case. On July 31, 2001, the Chancery Court of Lincoln County addressed a motion for an extension of time, noting that Cleve had been properly notified of a motion to set a trial date but failed to appear. The court deemed her request for a continuance insufficient and denied it. 

Additionally, the court considered the plaintiff's motion for a default judgment, which was granted due to Cleve's absence and lack of a legitimate reason for postponement. The foreign judgment from Alabama, totaling $49,500 plus court costs, was confirmed as enforceable in Tennessee. On December 21, Cleve filed a lengthy demand to vacate the judgment, again challenging the Alabama court's ruling. A hearing on these matters occurred on February 12, 2002, where the court focused on whether it should recognize the Alabama judgment under the Constitution's full faith and credit clause.

Issues raised regarding the Alabama court's due process and jurisdictional considerations were examined. The reviewing court, operating in a quasi-appeal capacity, determined it lacked authority to reassess the Alabama court's testimony, finding the transcript not void on its face. It acknowledged the Alabama court had duly considered jurisdiction-related factors in the case. The court found no evidence of fraud or due process violations, noting that the Alabama court had addressed jurisdiction objections and denied a motion for reconsideration from the Defendant, Anne P. Cleve. 

On February 14, 2002, following a hearing on February 12, 2002, the court ruled that the Chancery Court of Lincoln County had jurisdiction and should recognize the Alabama judgment of $49,500.00. The court established that the Alabama court had personal jurisdiction over Cleve, as she failed to appear for a summary judgment hearing, leading to a judgment against her. Cleve's motion to dismiss five months post-order was deemed untimely, exceeding the 30-day appeal period. The court found no grounds for relief under Tennessee Rules of Civil Procedure 60.02 due to her lack of justification for the delay. Consequently, Cleve's motion to vacate the judgment was overruled, with costs assessed against her. She subsequently filed a timely appeal.

The trial judge did not abuse his discretion in denying the motion filed under Tennessee Rule of Civil Procedure 60.02, which sought to belatedly challenge a final judgment from July 31, 2001. The appeal also addresses the issue of full faith and credit regarding an Alabama judgment. Under Tennessee law, a domesticated foreign judgment is presumed valid unless the party contesting it demonstrates its invalidity, specifically questioning the foreign court's in personam jurisdiction over the defendants.

A testimonial hearing on July 11, 1997, evaluated whether the Alabama court had in personam jurisdiction over Anne Cleve. Cleve chose not to testify, opting instead to make unsworn statements. The court's assessment relied on the testimony of Dr. John Higginbotham, who described numerous interactions with Cleve in Alabama, including contract negotiations, personal deliveries of documents, and communications that established significant contacts with Alabama. His testimony indicated that the Joint Venture Agreement was negotiated and signed in Alabama, and Cleve engaged in activities in the state that further supported jurisdiction.

Dr. Higginbotham's testimony was accepted without challenge. To assess whether the Alabama trial court had personal jurisdiction over Cleve, it relied on Alabama's jurisdictional statutes rather than Tennessee's. The inquiry focused on Alabama's long arm statute (Rule 4.2 of the Alabama Rules of Civil Procedure) and relevant case law, determining that the Circuit Court of Madison County had acquired jurisdiction over Mrs. Cleve based on her sufficient contacts with Alabama. These contacts include transacting business or otherwise having minimum contacts with the state, ensuring that a lawsuit does not violate constitutional principles of fair play and substantial justice.

The analysis is case-specific and considers the relationship between the defendant, the forum, and the litigation. The key inquiry is whether a defendant should reasonably anticipate the effects of their actions on someone in another state. The Keelean case established a two-part test for jurisdiction: 1) whether it is foreseeable for the non-resident defendant to be sued in Alabama, and 2) the extent of the defendant's contacts with Alabama. Dr. Higginbotham's testimony demonstrated the necessary minimum contacts for in personam jurisdiction over Anne Cleve, which the Alabama trial judge affirmed. Cleve did not appeal, leading to the finality of the judgment. Consequently, the Tennessee trial court was required to grant full faith and credit to the Alabama judgment, as it was not void. The court affirmed the trial court's decision and remanded for further proceedings, with costs assessed against the appellant.