Tuesday, November 1, 2011

Court reviews whether an out-of-state probate court order for relief is enforceable in Tennessee

ROBERT R. SMITH, AS CONSERVATOR FOR THE ESTATE OF H. BOYD ISRAEL, WARD v. MARK ISRAEL (Tenn. Ct. App. November 1, 2011)

Petitioner sought to domesticate four orders entered by a probate court in Georgia for the payment of money pursuant to the Uniform Enforcement of Foreign Judgments Act, Tenn. Code Ann. section 26-6-101, et seq. The trial court granted the petitioner the relief he sought, and the debtor appealed, arguing Tennessee public policy should prevent the orders from being enforced based on the unusual circumstances surrounding the issuance of the orders and his attorney's misconduct in the Georgia proceedings. We affirm the trial court's judgment because the Georgia court had jurisdiction to enter the orders and Tennessee courts are not in a position to review the facts leading to a foreign court's judgment.

Opinion available at:
http://www.tba2.org/tba_files/TCA/2011/smithr_110111.pdf