Brightpoint North America, L.P. v. Acosta, No. 3:2009cv01500 - Document 29 (D.P.R. 2010)
Court Description: OPINION AND ORDER GRANTING IN PART 17 Plaintiff's motion for summary judgment with regard to Acosta. We DISMISS WITH PREJUDICE the complaint against the conjugal partnership. We DISMISS WITHOUT PREJUDICE of independent litigation the claim aga inst Fernandez if any remedy is otherwise available. We DENY 27 Defendants' motion for summary judgment. The Plaintiff may request from the Clerk of Court the issuance of a writ for execution of judgment, by attachment or otherwise, based on t he final Indiana Judgment against Acosta's share in his jointly-owned properties or any other property solely belonging to Acosta. Signed by Chief Judge Jose A Fuste on 3/8/2010. (Attachments: # 1 Appendix Certified translation of Ex parte Marquez, # 2 Appendix Certified translation of the pertinent section of Aviles)(mrj)
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APPENDIX "B" CC-2005-379 (Official Translation) It comes forth from the above standards that they are to be applied only to foreign judgments. In Márquez Estrella, Ex parte, 128 D.P.R. 243, 250 [28 P.R. Offic. Trans. ___] (1991), we specifically defined, for purposes and within the context of the exequatur procedure, what constitutes a judgment of this type, and stated that it is any judgment rendered by a court foreign to the Commonwealth, including state courts of the United States. Now then, if the judgment is from a state of the United States, we have acknowledged that the exequatur procedure is relatively simpler.8 Therefore, and unlike foreign judgments, the recognition in Puerto Rico of judgments from a state of the United States is simply subject to the limitations of the full faith and credit clause of the United States Constitution.9 In these cases, Puerto Rican courts only have to give full faith and credit to these state judgments as long as they had been rendered by a court with personal and subject-matter jurisdiction, in keeping with due process guarantees, and as long as they had not been obtained through fraud.10 Thus, the exequatur procedure applies only to judgments rendered by courts that are not part of Puerto Rican jurisdiction; in turn, the requirements depend on whether the judgment sought to be validated is from a foreign TRIBUNAL SUPREMO country or from a state of the United States. __________________ 8 Roseberry v. Registrador, 114 D.P.R. 743 [14 P.R. Offic. Trans. 958] (1983); Márquez Estrella, Ex parte, 128 D.P.R. at 255-256 [28 P.R. Offic. Trans. at ___]. 9 10 Id. Márquez Estrella, Ex parte, 128 D.P.R. at 255-256 [28 P.R. Offic. Trans. at ___].
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