Grynberg v. Shaffer – 8/21/2007

August 28, 2007

Arizona Court Of Appeals Division One Holds That The Applicable Statute Of Limitations Under Arizona’s Uniform Enforcement Of Foreign Judgments Act Begins To Run When The Foreign Judgment Becomes Enforceable.

Jack Grynberg obtained a judgment in Colorado against Timothy Shaffer. Over four years later, Mr. Grynberg registered the outstanding judgment in Arizona in accordance with Arizona’s Uniform Enforcement of Foreign Judgment Act (UEFJA). Mr. Shaffer objected to the registration on the ground “that the registration was time barred under the four-year statute of limitations controlling the registration of foreign judgments in Arizona.” The trial court agreed and vacated Mr. Grynberg’s registration.

The Arizona Appeals Court affirmed, holding that Mr. Grynberg’s registration was time barred. The court rejected Mr. Grynberg’s argument that the statute of limitations does not begin to run until an appeal of the judgment in the foreign jurisdiction has concluded or the time for filing an appeal has passed. It instead concluded that the relevant date for statute of limitations purposes is the date on which the judgment is entitled to full faith and credit, which in turn is the date on which the judgment is enforceable. In reaching this conclusion, the court relied upon this court’s conclusions in Jones v. Roach, 118 Ariz. 146, 575 P.2d 345 (Ct. App. 1977), the apparent intent of the UEFJA, and opinions of other jurisdictions.s In Colorado, a judgment not stayed becomes enforceable fifteen days after the judgment is entered, notwithstanding an appeal of that judgment.

Judge Weisberg authored the opinion; Judges Winthrop and Ehrlich concurred.