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Home Port Rentals, Inc. v. International Yachting Group, Inc.

When a money judgment 1. is rendered in a federal district court located in one state, and 2. is duly registered in a district court located in another state, 3. at a time when enforcement of that judgment is not time-barred in either state, the applicable limitation law for purposes of enforcement of the registered judgment in the registration district is that of the registration state and it starts to run on the date of registration.

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As amended June 25, 2001

Appeals from the United States District Court for the Western District of Louisiana

Appellant-Cross-Appellee Roger Moore and several co-defendants were cast in judgment in March, 1989 (the “1989 judgment”) by the United States District Court for the District of South Carolina (the “rendering court”). Although he did not appeal that judgment, two of his co-defendants did, and it was affirmed. Moore now appeals from a judgment rendered a decade later by the district court for the Western District of Louisiana, (1) denying Moore’s motion to dismiss two petitions filed simultaneously on March 17, 1999 by Appellee-Cross-Appellant Home Port Rentals, Inc. (“Home Port”), the successful plaintiff in the rendering court which sought to register and enforce the 1989 judgment in the district court for the Western District of Louisiana (the “registration court”), and (2) declaring the 1989 judgment enforceable in the Western District of Louisiana until April 2, 2002, the tenth anniversary of the 1989 judgment’s finality on appeal. We affirm the registration court’s denial of Moore’s motion to dismiss; we modify that court’s declaration of enforceability in the Western District of Louisiana by changing the commencement date of the applicable period of limitation (Louisiana’s 10-year liberative prescription for enforcement of judgments) from April 2, 1992 (the date that the 1989 judgment was affirmed by the Fourth Circuit) to March 17, 1999, the date it was registered in the registration court; and, as thus modified, we affirm the registration court’s declaration of enforceability of the 1989 judgment in the Western District of Louisiana.

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