Legal Opinion

EBF Partners, LLC v. Novabella, Inc. d/b/a and Frank Terranova

Indiana Court of Appeals

Decided February 28, 2018No. 49A02-1705-CC-961Published

1Opinion of the Court

Pyle, Judge.

Statement of the Case

[1] EBF Partners, LLC ("EBF") appeals the trial court's order dismissing with prejudice its petition to domesticate a foreign judgment from New York, which was entered pursuant to a confession of judgment in a cognovit note, against Novabella Inc. ("Novabella") and Frank Terranova ("Terranova"). EBF argues that the trial court erred by dismissing its petition and by failing to give full faith and credit to the New York judgment.

[2] Although cognovit notes are prohibited in Indiana, the Full Faith and Credit Clause of our Federal Constitution requires reversal…

2Cases cited12 opinions

  1. Milliken v. MeyerSupreme Court of the United States · 1941
  2. D. H. Overmyer Co., Inc. of Ohio v. Frick Co.Supreme Court of the United States · 1972
  3. Baker v. General Motors Corp.Supreme Court of the United States · 1998
  4. Underwriters National Assurance Co. v. North Carolina Life & Accident & Health Insurance Guaranty Ass'nSupreme Court of the United States · 1982
  5. Trinity Homes, LLC v. FangIndiana Supreme Court · 2006

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