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Guseinov v. Synergy Ventures, Inc.

Court of Appeals of Tennessee, Nashville

October 21, 2014

GARY GUSEINOV
v.
SYNERGY VENTURES, INC, ET AL

Session September 17, 2014

Tenn. R. App. P. 3 Appeal as of Right; Judgment of the Chancery Court Affirmed. Appeal from the Chancery Court for Williamson County. No. 32977. Timothy L. Easter, Chancellor.

Judgment of the Chancery Court Affirmed.

John A. Beam, III, Andrew Cameron, Desireé J.C. Goff, Nashville, Tennessee, for the appellant, Stan Burns.

Jay S. Bowen and Lauren Kilgore, Nashville, Tennessee, for the appellee, Gary Guseinov.

J. STEVEN STAFFORD, P.J., W.S., delivered the opinion of the Court, in which JOHN W. MCCLARTY, J. and BRANDON O. GIBSON, J., joined.

OPINION

STEVEN STAFFORD, J.

Page 921

This case involves the enrollment of a foreign judgment in Tennessee. The trial court granted summary judgment in favor of plaintiff, effectively enrolling the foreign judgment pursuant to the Full Faith and Credit Clause of the United States Constitution and Tennessee's Uniform Foreign Judgment Enforcement Act. On appeal, the defendant argues that the grant of summary judgment was improper because he allegedly satisfied the foreign judgment. He further argues that the trial court denied him due process when it declined to conduct an evidentiary hearing. We hold that satisfaction is not a defense to the enrollment of a foreign judgment pursuant to the Full Faith and Credit Clause of the United States Constitution or Tennessee's Uniform Foreign Judgment Enforcement Act. Further, we discern no due process violation from the trial court's decision not to conduct an evidentiary hearing. The judgment of the trial court is affirmed.

OPINION

California Proceedings

In 2005, Gary Guseinov (" Appellee" ) obtained an arbitration award against Synergy Ventures, Inc. (" Synergy Ventures" ) and Stan Burns (" Appellant" ).[1] On December

Page 922

7, 2005, the Superior Court of California in Los Angeles entered a judgment jointly and severally against Synergy and Mr. Burns, enforcing the arbitration award (" the California judgment" ). The amount of the judgment against Synergy Ventures and Mr. Burns was $5,223,980.09. Since September 16, 2005, the California judgment has been accruing interest at the rate of ten percent per year and will continue to accrue interest until satisfied in full. Mr. Burns appealed the arbitration award in the California Court of Appeals. The California Court of Appeals affirmed the judgment on December 15, 2006. See Guseinov v. Burns, 145 Cal.App.4th 944, 51 Cal.Rptr.3d 903 (Cal. Ct.App. ...


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