Morgan Building & Spas, Inc. v. Cutrer

Plaintiff, ex parte, made a foreign default judgment executory in this state. Upon learning of the judgment, defendant filed a petition for declaratory and injunc-tive relief claiming that the foreign judgment was null and void for want of personal jurisdiction. The district court denied without a hearing defendant’s rule to show cause. The defendant filed a motion for suspensive appeal urging that the district court erred in making said judgment exec-utory without providing him with prior notice and/or a contradictory hearing. The district court denied the suspensive appeal, but granted…