Johnson v. Niemela

By Judge Robert W. Wooldridge, Jr.

This matter came before me on the motion of Defendant J. Richard Niemela to set aside a foreign judgment docketed against him in this Court on September 7,2001. The Defendant argues the Texas judgment is void because the Texas court never obtained personal jurisdiction over him. The Plaintiff asserts the Defendant filed this motion over twenty-one days after the judgment was docketed, and, thus, this court does not retain jurisdiction to vacate the foreign judgment or set it aside.

This matter began when the Plaintiff docketed a Texas judgment, pursuant to the…