Legal Opinion · Dissent

Abba Equipment, Inc. v. Thomason

Court of Appeals of South Carolina

Decided May 3, 1999No. 2983Published

1Dissent

HEARN, Judge:

Respectfully, I dissent. While I recognize the holding of Payne v. Claffy, 281 S.C. 385, 315 S.E.2d 814 (Ct.App.1984), that the general statute of limitations contained in S.C.Code section 15-3-600 indirectly applies to an action on a foreign judgment, I would hold it does not apply to a proceeding under the Uniform Enforcement of Foreign Judgments Act (UEFJA).

The UEFJA establishes a summary procedure for enrolling a foreign judgment in this state. The registration procedure under the Act is not an action like the common-law proceeding to enforce a foreign judgment in Payne.1 See…

2Cases cited12 opinions

  1. Byrd v. Irmo High SchoolSupreme Court of South Carolina · 1996
  2. Langley v. PierceSupreme Court of South Carolina · 1993
  3. Lawrence Systems, Inc. Ex Rel. Douglas-Guardian Warehouse Corp. v. Superior Feeders, Inc., Texas Court of Appeals, 7th District (Amarillo)1994
  4. Producers Grain Corporation v. CarrollCourt of Civil Appeals of Oklahoma · 1976
  5. Commercial Credit Loans, Inc. v. RiddleCourt of Appeals of South Carolina · 1999

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