EAGLE GREEN ENERGY, INC. APPELLANT
FORSITE DEVELOPMENT, INC., REVENTURE PARK INVESTMENTS I, LLC, AND CLEAN ENERGY, LLC APPELLEES
OF JUDGMENT: 05/03/2016
DAVIS COUNTY CIRCUIT HON. PRENTISS GREENE HARRELL TRIAL JUDGE
ATTORNEY FOR APPELLANT: JOLLY W. MATTHEWS III
ATTORNEY FOR APPELLEES: F. DOUGLAS MONTAGUE III
LEE, C.J., BARNES AND CARLTON, JJ.
Eagle Green Energy Inc. (Eagle Green) appeals the May 3, 2016
final order of the Jefferson Davis County Circuit Court. In
its order, the circuit court held that a prior judgment
issued by a North Carolina court, and later enrolled in the
Jefferson Davis County Circuit Court, constituted a valid
judgment in Mississippi. The judgment at issue provided that
Eagle Green must pay Forsite Development Inc., Reventure Park
Investments I, LLC, and Clean Energy LLC (collectively,
Forsite) $25, 000 in actual damages and an additional $25,
000 in punitive damages. Eagle Green now claims that the
North Carolina judgment should not be given full faith and
Finding no error, we affirm the circuit court's judgment.
Forsite, a North Carolina corporation, initiated this civil
action seeking to recover the $25, 000 Forsite paid to Eagle
Green, a Mississippi corporation. Forsite filed a motion in
the General Court of Justice, Superior Court Division, of
Mecklenburg County, North Carolina, seeking an entry of
default against Eagle Green. The superior-court clerk entered
the default on January 16, 2015.
On January 21, 2015, Eagle Green filed an answer asserting
that the superior court lacked jurisdiction over Eagle Green,
since Eagle Green is a Mississippi corporation that only does
business in Mississippi. Eagle Green also initiated a
cross-claim against Forsite for the amount of $35, 000.
On January 28, 2015, Forsite moved for a default judgment and
also filed a motion to dismiss and/or strike the answer and
cross-claim filed by Eagle Green.
On March 26, 2015, the superior court entered an order and
final judgment ("North Carolina judgment") granting
Forsite's motion to dismiss Eagle Green's answer and
counterclaim and also granting Forsite's motion for a
default judgment. The superior court also awarded Forsite
$25, 000 in actual damages and $25, 000 in punitive damages.
As set forth in the North Carolina judgment, the superior
court found that Eagle Green deposited a $25, 000 check paid
by Forsite to Eagle Green, but then Eagle Green failed to
provide the items paid for by Forsite. The North Carolina
judgment reflects that on July 15, 2014, and November 21,
2014, Forsite demanded that Eagle Green return the $25, 000,
but Eagle Green refused. As a result, the superior court
[Eagle Green] wrongfully converted the funds to its own use
(a) the unauthorized retention of the funds after [Forsite]
made demand for return of the funds;
(b) the unauthorized exercise of a right of ownership over
the funds belonging ...