Cheri Ward, f/k/a Cheri R. Hahn, Appellee,
Clifford Hahn, Iris A. Hahn, and Kirk L. Hahn, Appellants.
BY THE COURT
attempt by one state to give to its courts jurisdiction
beyond its own limits of real property situated in another
state is an usurpation of authority and all such judicial
proceedings are void.
2. In a
divorce proceeding, the courts of one state cannot directly
affect the legal title to land situated in another state
unless allowed that effect by the laws of the state in which
the land is situated. Kansas does not allow that effect.
sister state can indirectly affect title to land located in
Kansas by ordering a litigant over whom it exercises personal
jurisdiction to transfer title to another. If that party does
not comply, the court may enforce its order by holding the
disobedient party in contempt.
When granting "comity, " courts of one state give
effect to the laws and judicial decisions of another, not as
a matter of obligation but out of deference and respect.
Comity differs from the application of the Full Faith and
Credit Clause of the United States Constitution in that a
state court has discretion to enforce a foreign judgment or
order as a matter of comity but must give credit to a foreign
judgment or order that is subject to full faith and credit
without inquiry into the merits of the action.
is appropriate to exercise comity when a court recognizes the
rights upon which a decree of a sister state is based and
decides that the enforcement of such rights does not violate
any principle of public policy of the forum court's
Generally, the determination of whether to exercise comity is
a matter of district court discretion that will be reversed
only on a determination that discretion was abused.
public policy is not violated, the general rule is that a
court should exercise comity over a foreign judgment or order
to avoid expense, harassment, and inconvenience to the
Kansas public policy is reflected in the laws of our State as
found in our constitution, our statutes, and our judicial
Kansas district court may not enforce, under the principle of
comity, a Nebraska district court's order purporting to
directly transfer legal title to land situated in Kansas
because doing so would violate Kansas public policy.
from Osborne District Court; Preston Pratt, judge.
Richard E. Dietz, of Dietz & Hardman Law Office, of
Osborne, for appellants.
L. Rogers, of Terry L. Rogers Law Firm, of Lincoln, Nebraska,
Gardner, P.J., Pierron, J., and Burgess, S.J.