faith and credit clause in Connecticut

1995"Since the interpretation of the full faith and credit clause is a question of federal law, [the court] is bound by the decisions of the Supreme Court of the United States concerning the criteria for application of the clause." Packer Plastics, Inc. v. Laundon, 214 Conn. 52 , 55-56 , 570 A.2d 687 (1990), citing Thomas v. Washington Gas Light Co., 448 U.S. 261 , 271 n. 15, 100 S.Ct. 2647 , 65 L.Ed.2d 757 (1980).

1995"Since the interpretation of the full faith and credit clause is a question of federal law, [the court] is bound by the decisions of the Supreme Court of the United States concerning the criteria for application of the clause." Packer Plastics, Inc. v. Laundon, 214 Conn. 52 , 55-56 , 570 A.2d 687 (1990), citing Thomas v. Washington Gas Light Co., 448 U.S. 261 , 271 n. 15, 100 S.Ct. 2647 , 65 L.Ed.2d 757 (1980).

1996"The full faith and credit clause does not automatically transform a foreign judgment into a valid judgment in this state . . . . in order for a foreign judgment to constitute a valid judgment, it must be made a judgment in this state." (Citations omitted.) Cahn v. Cahn, 26 Conn. App. 720 , 730 , 603 A.2d 759 , cert. granted, 221 Conn. 924 , 608 A.2d 688 (1992).

1996"The full faith and credit clause does not automatically transform a foreign judgment into a valid judgment in this state . . . . in order for a foreign judgment to constitute a valid judgment, it must be made a judgment in this state." (Citations omitted.) Cahn v. Cahn, 26 Conn. App. 720 , 730 , 603 A.2d 759 , cert. granted, 221 Conn. 924 , 608 A.2d 688 (1992).

2010The court then cited authority from this court, which was based on federal precedent, that there is a strong presumption, arising from the full faith and credit clause of the United States constitution, 10 that final judgments are valid and enforceable in sister states, and, therefore, that the burden of proving that the foreign court lacked jurisdiction “ ‘rests heavily upon the assailant’ Packer Plastics, Inc. v. Laundon, supra, 214 Conn. 57 , quoting Williams v. North Carolina, 325 U.S. 226, 233-34 , 65 S. Ct. 1092 , 89 L.

2010The court then cited authority from this court, which was based on federal precedent, that there is a strong presumption, arising from the full faith and credit clause of the United States constitution, 10 that final judgments are valid and enforceable in sister states, and, therefore, that the burden of proving that the foreign court lacked jurisdiction “ ‘rests heavily upon the assailant’ Packer Plastics, Inc. v. Laundon, supra, 214 Conn. 57 , quoting Williams v. North Carolina, 325 U.S. 226, 233-34 , 65 S. Ct. 1092 , 89 L.

1996"The full faith and credit clause does not automatically transform a foreign judgment into a valid judgment in this state . . . . in order for a foreign judgment to constitute a valid judgment, it must be made a judgment in this state." (Citations omitted.) Cahn v. Cahn, 26 Conn. App. 720 , 730 , 603 A.2d 759 , cert. granted, 221 Conn. 924 , 608 A.2d 688 (1992).

1996"The full faith and credit clause does not automatically transform a foreign judgment into a valid judgment in this state . . . . in order for a foreign judgment to constitute a valid judgment, it must be made a judgment in this state." (Citations omitted.) Cahn v. Cahn, 26 Conn. App. 720 , 730 , 603 A.2d 759 , cert. granted, 221 Conn. 924 608 A.2d 688 (1992).

1996"The full faith and credit clause does not automatically transform a foreign judgment into a valid judgment in this state . . . . in order for a foreign judgment to constitute a valid judgment, it must be made a judgment in this state." (Citations omitted.) Cahn v. Cahn, 26 Conn. App. 720 , 730 , 603 A.2d 759 , cert. granted, 221 Conn. 924 , 608 A.2d 688 (1992).

1996"The full faith and credit clause does not automatically transform a foreign judgment into a valid judgment in this state . . . . in order for a foreign judgment to constitute a valid judgment, it must be made a judgment in this state." (Citations omitted.) Cahn v. Cahn, 26 Conn. App. 720 , 730 , 603 A.2d 759 , cert. granted, 221 Conn. 924 608 A.2d 688 (1992).

2007Proper service of process gives a court power to render a judgment which will satisfy due process under the 14th amendment of the federal constitution and equivalent provisions of the Connecticut constitution and which will be entitled to recognition under the full faith and credit clause of the federal constitution.” (Internal quotation marks omitted.) Hibner v. Bruening, 78 Conn. App. 456, 458 , 828 A.2d 150 (2003). 4 The plaintiff also argues that even if the court did not have “continuing jurisdiction” over the defendant, General Statutes § 52-59b, this state’s long-arm statute, “is suffic

2007Proper service of process gives a court power to render a judgment which will satisfy due process under the 14th amendment of the federal constitution and equivalent provisions of the Connecticut constitution and which will be entitled to recognition under the full faith and credit clause of the federal constitution.” (Internal quotation marks omitted.) Hibner v. Bruening, 78 Conn. App. 456, 458 , 828 A.2d 150 (2003). 4 The plaintiff also argues that even if the court did not have “continuing jurisdiction” over the defendant, General Statutes § 52-59b, this state’s long-arm statute, “is suffic

2001"As a matter of federal law, the full faith and credit clause requires a state court to accord to the judgment of another state the same credit, validity and effect as the state that rendered the judgment would give it." Id., 56 , citing Underwriters National Assurance Co. v. North Carolina Life Accident Health Insurance Guaranty Assn., 455 U.S. 691 , 704 , 102 S.Ct. 1357 , 71 L.Ed.2d 558 (1982).

2001"As a matter of federal law, the full faith and credit clause requires a state court to accord to the judgment of another state the same credit, validity and effect as the state that rendered the judgment would give it." Id., 56 , citing Underwriters National Assurance Co. v. North Carolina Life Accident Health Insurance Guaranty Assn., 455 U.S. 691 , 704 , 102 S.Ct. 1357 , 71 L.Ed.2d 558 (1982).

2024The United States Supreme Court, in discussing the purpose of the full faith and credit clause, dubbed it a ‘‘nationally unifying force’’ that ‘‘altered the status of the several states as independent foreign sovereignties, each free to ignore rights and obligations created under the laws or established by the judicial proceedings of the others, by making each an integral part of a single nation, in which rights judicially established in any part are given [nationwide] application.’’ Magnolia Petroleum Co. v. Hunt, 320 U.S. 430, 439 , 64 S. Ct. 208 , 88 L.

2024The United States Supreme Court, in discussing the purpose of the full faith and credit clause, dubbed it a ‘‘nationally unifying force’’ that ‘‘altered the status of the several states as independent foreign sovereignties, each free to ignore rights and obligations created under the laws or established by the judicial proceedings of the others, by making each an integral part of a single nation, in which rights judicially established in any part are given [nationwide] application.’’ Magnolia Petroleum Co. v. Hunt, 320 U.S. 430, 439 , 64 S. Ct. 208 , 88 L.

2024In so concluding, we highlight the significance of the full faith and credit clause, which, when applicable, serves the important function of ‘‘transforming an aggregation of indepen- dent, sovereign [s]tates into a nation.’’ Sherrer v. Sher- rer, 334 U.S. 343, 355 , 68 S. Ct. 1087 , 92 L.

2024In so concluding, we highlight the significance of the full faith and credit clause, which, when applicable, serves the important function of ‘‘transforming an aggregation of indepen- dent, sovereign [s]tates into a nation.’’ Sherrer v. Sher- rer, 334 U.S. 343, 355 , 68 S. Ct. 1087 , 92 L.

2010The court then cited authority from this court, which was based on federal precedent, that there is a strong presumption, arising from the full faith and credit clause of the United States constitution, 10 that final judgments are valid and enforceable in sister states, and, therefore, that the burden of proving that the foreign court lacked jurisdiction “ ‘rests heavily upon the assailant’ Packer Plastics, Inc. v. Laundon, supra, 214 Conn. 57 , quoting Williams v. North Carolina, 325 U.S. 226, 233-34 , 65 S. Ct. 1092 , 89 L.

2001This issue requires a fact-specific inquiry as to how Florida purported to exercise jurisdiction over the defendant, and in this regard the defendant as "the party attacking the judgment bears the burden of proof." Packer Plastics, Inc. v. Laundon , supra, 214 Conn. 57 .

2010Ed. 1577 , reh. denied, 325 U.S. 895 , 65 S. Ct. 1560 , 89 L.

1991The clause requires a state to presume the validity of the judgment of another state and "the burden of CT Page 917 proving a lack of jurisdiction `rests heavily upon the assailant.'" Williams v. North Carolina, 325 U.S. 226 , 233-34 , 65 S.Ct. 1092 , 89 L.Ed. 1577 , reh. denied, 325 U.S. 895 , 65 S.Ct. 1560 , 89 L.Ed. 2006 (1945); Packer Plastics, Inc. v. Laundon, 214 Conn. 52 , 57 , 570 A.2d 687 (1990).

2010Ed. 1577 , reh. denied, 325 U.S. 895 , 65 S. Ct. 1560 , 89 L.

1991The clause requires a state to presume the validity of the judgment of another state and "the burden of CT Page 917 proving a lack of jurisdiction `rests heavily upon the assailant.'" Williams v. North Carolina, 325 U.S. 226 , 233-34 , 65 S.Ct. 1092 , 89 L.Ed. 1577 , reh. denied, 325 U.S. 895 , 65 S.Ct. 1560 , 89 L.Ed. 2006 (1945); Packer Plastics, Inc. v. Laundon, 214 Conn. 52 , 57 , 570 A.2d 687 (1990).

2010Ed. 1577 , reh. denied, 325 U.S. 895 , 65 S. Ct. 1560 , 89 L.

1991The clause requires a state to presume the validity of the judgment of another state and "the burden of CT Page 917 proving a lack of jurisdiction `rests heavily upon the assailant.'" Williams v. North Carolina, 325 U.S. 226 , 233-34 , 65 S.Ct. 1092 , 89 L.Ed. 1577 , reh. denied, 325 U.S. 895 , 65 S.Ct. 1560 , 89 L.Ed. 2006 (1945); Packer Plastics, Inc. v. Laundon, 214 Conn. 52 , 57 , 570 A.2d 687 (1990).

2001In the seminal case of Litvaitis v. Litvaitis , 162 Conn. 540 (1972), the Connecticut Supreme Court held that, while the full faith and credit clause of the United States constitution does not apply to judgments of foreign nations, such judgments are entitled to recognition in this state under the principle of comity.

1976The opinion of the North Carolina Supremo Court, however, contained the following: “The court further instructed the jury that since the defendants liad set up these foreign judgments as a defense [against charges of bigamous cohabitation] and the prosecution had challenged them, the practice in this jurisdiction was to require the defendants to show to the satisfaction of the jury that they had acquired bona fide domicils in the foreign state at the time of the institution of the divorce proceedings.” State v. Williams, 224 N.C. 183, 191 , 29 S.E.2d 744 . 6 Another ease relied upon by the pla

1995"The full faith and credit clause, article IV , § 1 of the United States constitution, requires the judgments of the courts of each state be given the same faith, credit, and effect in sister states as they have by law or custom in the courts of the state rendering them." Morabito v. Wachsman, 191 Conn. 92 , 96-97 , 463 Conn. 593 (1983), citing, among others, Durfee v. Duke, 375 U.S. 106 , 109 , 84 S.Ct. 242 , 11 L.Ed.2d 186 (1963). "`When a defendant appears in an action to object that the court has no jurisdiction over him and the CT Page 7219 court overrules the objection and renders judgme

1991"The full faith and credit clause, article IV, 1 of the United States constitution, requires that judgments of the courts of each CT Page 4269 state be given the same faith, credit, and effect in sister states as they have by law or custom in the state rendering them." Morabito v. Wachsman, 191 Conn. 92 , 96 (1983).

2007The court “may exercise jurisdiction over a person only if that person has been properly served with process, has consented to the jurisdiction of the court or has waived any objection to the court’s exercise of personal jurisdiction.” Commissioner of Environmental Protection v. Connecticut Building Wrecking Co., 227 Conn. 175, 195-96 , 629 A.2d 1116 (1993). *230 The defendant moves to dismiss on the ground that the plaintiff did not serve process in accordance with the requirements of the Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Mat

2007The court “may exercise jurisdiction over a person only if that person has been properly served with process, has consented to the jurisdiction of the court or has waived any objection to the court’s exercise of personal jurisdiction.” Commissioner of Environmental Protection v. Connecticut Building Wrecking Co., 227 Conn. 175, 195-96 , 629 A.2d 1116 (1993). *230 The defendant moves to dismiss on the ground that the plaintiff did not serve process in accordance with the requirements of the Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Mat

2006"It is black letter law that the Superior Court . . . may exercise jurisdiction over a person only if that person has been properly served with process, has consented to the jurisdiction of the court or has waived any objection to the court's exercise of personal jurisdiction . . . . *1155 "In Collins v. Scholz, 34 Conn.Supp. 501, 502 , 373 A.2d 200 (1976), the Appellate Session of the Superior Court stated that [w]hether a particular place is the usual place of abode of a defendant is a question of fact.

2006"It is black letter law that the Superior Court . . . may exercise jurisdiction over a person only if that person has been properly served with process, has consented to the jurisdiction of the court or has waived any objection to the court's exercise of personal jurisdiction . . . . *1155 "In Collins v. Scholz, 34 Conn.Supp. 501, 502 , 373 A.2d 200 (1976), the Appellate Session of the Superior Court stated that [w]hether a particular place is the usual place of abode of a defendant is a question of fact.

2006This principle is inapplicable, however, if the foreign judgment is a default judgment 4 rendered by a court that did not have personal jurisdiction over the judgment debtor.” Business Alliance Capital Corp. v. Fuselier, 88 Conn. App. 731, 732-33 , 871 A.2d 1051 (2005).

2006This principle is inapplicable, however, if the foreign judgment is a default judgment 4 rendered by a court that did not have personal jurisdiction over the judgment debtor.” Business Alliance Capital Corp. v. Fuselier, 88 Conn. App. 731, 732-33 , 871 A.2d 1051 (2005).

2005In accordance with this federal mandate, our legislature enacted the [foreign judgments act], which permits an out-of-state judgment that has been filed here to be enforced in the same manner as an in-state judgment.” (Citation omitted; internal quotation marks omitted.) Nastro v. D’Onofrio, 76 Conn. App. 814, 814-15 , 822 A.2d 286 (2003).

2005In accordance with this federal mandate, our legislature enacted the [foreign judgments act], which permits an out-of-state judgment that has been filed here to be enforced in the same manner as an in-state judgment.” (Citation omitted; internal quotation marks omitted.) Nastro v. D’Onofrio, 76 Conn. App. 814, 814-15 , 822 A.2d 286 (2003).

2001Bruneau v. Bruneau , 3 Conn. App. 453 , 454 (1985).

1999Where the court rendering the judgment lacks jurisdiction of the subject matter the judgment itself is void." Krueger v. Krueger, 179 Conn. 488 , 493 , 427 A.2d 400 (1980); Marshall v. Clark, 170 Conn. 199 , 205 , 365 A.2d 1202 (1976).

1999Where the court rendering the judgment lacks jurisdiction of the subject matter the judgment itself is void." Krueger v. Krueger, 179 Conn. 488 , 493 , 427 A.2d 400 (1980); Marshall v. Clark, 170 Conn. 199 , 205 , 365 A.2d 1202 (1976).