Lundahl v. Beach

----ooOoo----

Holli Lundahl,
Plaintiff and Appellant,

v.

David A. Beach,
Defendant and Appellee.

MEMORANDUM DECISION
(Not For Official Publication)

Case No. 20000237-CA

F I L E D
October 5, 2000
  2000 UT App 278 -----

Fourth District, Orem Department
The Honorable John C. Backlund

Attorneys:
Holli Lundahl, Midvale, Appellant Pro Se
David A. Beach, Orem, Appellee Pro Se

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Before Judges Jackson, Billings, and Orme.

PER CURIAM:

Lundahl contests the trial court's determination that it did not have jurisdiction to alter a judgment of a California state court or to require Utah's Driver's License Division to issue her a driver's license. We reject Lundahl's arguments.

First, the trial court did not enter a default judgment against Beach. Instead, it held a hearing on whether a default judgment should be entered and concluded it should not be.

Second, under the facts of this case, the Utah district court did not have authority to rule that the California judgment was void. See U.S. Const. art. IV, § 1 (stating "Full Faith and Credit shall be given to each State to the public Acts, Records and judicial Proceedings of every other State").

Third, Utah's Foreign Judgment Act, Utah Code Ann. §§ 78-22a-1 to -8. (1996), does not authorize the relief Lundahl seeks. The Act allows a person to register, in Utah, a judgment from another state so that it may be enforced here. See id. There is no indication that Lundahl registered the California judgment in Utah or that it would be appropriate for her to do so.

The trial court's order of dismissal without prejudice is affirmed.(1)
 
 
 
 

______________________________
Norman H. Jackson,
Associate Presiding Judge
 
 
 
 
 

______________________________
Judith M. Billings, Judge
 
 
 
 
 

______________________________
Gregory K. Orme, Judge

1. Lundahl may be able to obtain a valid Utah driver's license by re-applying to the Utah Driver's License Division after meeting the requirements of Utah Code Ann. § 53-3-604, Article V (2)(b) (1998) and/or otherwise proving she is entitled to a license.