Watkins v. Conway

In Watkins v. Conway, 385 U.S. 188 (1966), the plaintiff obtained a Florida judgment against the defendant, and more than five years later sued on the judgment in Georgia. At that time, Georgia had a statute which provided that suits on a foreign judgment must be brought within five years, and it had a longer limit for bringing suits on domestic judgments. The trial court granted summary judgment to the defendant, and the plaintiff appealed, claiming that the different treatment of foreign and domestic judgments violated the full faith and credit and equal protection clauses of the U.S. Constitution. The Georgia Supreme Court rejected these arguments. The U.S. Supreme Court noted that the bare differences in the statutory treatment of the two types of judgments might pose constitutional issues, but it recognized that Georgia had interpreted the statutes in a way that prevented constitutional violations. The court noted that the Georgia statute "bars suits on foreign judgments only if the plaintiff cannot revive his judgment in the State where it was originally obtained. . . . the relevant date . . . is not the date of the original judgment but rather it is the date of the latest revival of the judgment." Id. at 189. The court concluded that as interpreted by the Georgia courts, the plaintiff only needed to return to Florida, which has a 20 year enforcement period, revive his judgment and return to Georgia within five years to file suit on his judgment. The Supreme Court went on to explain that because the plaintiff had the opportunity to revive the judgment in Florida, the Georgia statute did not discriminate against the Florida judgment, but instead focused on the law of Florida. "If Florida had a statute of limitations of five years or less on its own judgments, the (plaintiff) would not be able to recover (in Georgia). But this disability would flow from the conclusion of the Florida legislature that suits on Florida judgments should be barred after that period." Id. at 190. The court explained that by looking to Florida for the limitations period of Florida judgments, Georgia gave full faith and credit to Florida's judgments. Likewise, the court found no equal protection problem where Florida's laws determined the validity of Florida judgments in Georgia. Id.