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Let’s assume that Sally did not file a motion to dismiss
in Alabama, but instead threw the complaint in the garbage because she
thought it was junk mail. Because Sally did not respond after proper
service, the court in Alabama entered judgment against Sally. After she
receives notice of the default judgment, Sally goes to an attorney. What
type of motion should Sally’s attorney file?
Next let’s assume
that the judge in Florida federal court granted the motion to vacate the
default judgment, but then denied the motion to dismiss. After that, and
after denying a series of motions to reconsider the judge’s denial of the
motion to reconsider the denial of the motion to dismiss based on lack of
subject matter jurisdiction, a trial takes place. After the trial, the
judge enters judgment against Sally for over one million dollars based on the
jury’s verdict. Throughout the trial, Sally’s attorney made a
series of errors, i.e., he allowed hearsay evidence in, did not properly
challenge Little Jimmy’s medical experts, and did not challenge the
authenticity of the medical records entered by Little Jimmy. Sally
was furious because with proper representation a verdict of one million would
have never been entered against her. Moreover, Sally believes that
Little Jimmy has produced forged medical records that overstate his injuries.
Soon after the trial, Sally visits another attorney. What type of motion or
action should Sally’s attorney file?
Your answer to these
questions should be no longer than 500 to 1000 words in total.
Here is the case information:
Jimmy O’Leary v. Sally Johnson
The case presents two individuals who got involved in a car accident in Florida, and each of them feels like the other party was on the wrong side. O’Leary loses the ability of the right hand to write, brain injuries, and his car is wrecked. Johnson also incurs damage of over $ 5,000. Jimmy lives and works in Alabama but owns a vocational home in Florida. On the other hand, Johnson leaves in New Jersey but also owns a vocational home in Florida.O’Leary sues Johnson for negligence leading to the injuries in Alabama. Johnson reciprocates the action by filing a complaint against O’Leary for negligence that leads to incurring charges of up to $50,000 in Florida. The cases bring out the question of personal jurisdiction, in rem jurisdiction, subject matter jurisdiction, personal service, and value.
When it comes to personal jurisdiction, a court will have the power to hear a case over a person in case they are physically present in the state of where they are being sued while given the copy of the summons and complaints. A court will also have power over a person a person in case they reside or have a business in a place where the lawsuit is being conducted. The third way that can grant power to a court over a person is through consent whether implied or expressed. The last way a court can have power over a person is through minimum contact concept. It means that Sally complaint of personal jurisdiction is invalid because the court gets power over her due to minimum contact and presence. She showed up physically to pick the copy of summons and complaints, and she also maintains a minimum contact with the court when she fills a motion to dismiss the complaint. O’Leary complaint of personal jurisdiction is also void because of implied consent and place of business. Implied consent is because the suit complaint happens in Florida where the accident occurs.O’Leary rents his vacation home at Florida which means it is a source of income for him and it is a business.
In rem Jurisdiction is a jurisdiction that relates to property and is closely linked to personal Jurisdiction. In rem jurisdiction cannot affect Johnson because she has no property in Alabama where O’Leary sues her. On the other hand, O’Leary might be affected by in rem jurisdiction because he had a property in Florida even though he did not reside there. However, O’Leary might be at the advantage side because in rem jurisdiction is only valid when the lawsuit is about that property but no other issues which in this case the lawsuit did not relate at all to his property in Florida.
Subject matter jurisdiction is the one that limits certain courts to listen to specific cases and cannot make any commence for justice if presented with a different case. A state court has rights to listen to any case under state or federal law except for the ones that fall under the category of a specific court. Therefore, since O’Leary presents his case in a court and it a case of an accident which has no exceptional courts it means that Johnson compliant with subject matter was void. However, Johnson presents her case in a federal district court meaning that it is limited to some conditions. According to law, for a court to have the authority of subject matter the law must come from the rights in the constitution or might solve a case of people from different states with the damage that exceeds over $ 75, 000. Even though Johnson case fulfills the condition of people from different states, the controversial issue is within the minimum damage amount required for a federal court law to have jurisdiction over a case.
Personal service that O’Leary fills is the one that requires a claimant to complete steps provided by the court in a specified number of months after the date when the one is issued with the claim form. In the case of Johnson, although she does everything by the court of law, she presents the claim form to a tenant of O’Leary who was in a different state. It means that she did not present the copy of summons and complaints physically to O’Leary and it makes him titled to a right to fill against service because the court had no personal service power over him.
Regarding venue, jurisdiction is decided based on whether a complaint fulfills both the personal jurisdiction and subject matter jurisdiction. Johnson complains of dismissal of the case based on venue can be void because the court has the personal jurisdiction of Johnson through personal, and subject matter jurisdiction because O’Leary presents his court in a state court which has no relation to a specific court making it valid for a state court jurisdiction.
In summary, Johnson complaint of dismissing the jurisdiction of O’Leary is unlikely to happen because the court fulfills all the claim that she makes with substantial evidence which will require her to appear for the hearing in the court. In the case of Johnson filling a default judgment, the case of Johnson might face several oppositions from Johnson because the jurisdiction faces the issue of improper service and uncertainty based on subject matter of jurisdiction.
Dodson, Scott. “Personal Jurisdiction and Aggregation.” (2018).
Mason, Richard J., and Patricia K. Smoots. “Pursuing Avoidance Actions under US Law Against Foreign Defendants.” American Bankruptcy Institute Journal 35.9 (2016): 30.
Michaels, Ralf. “Jurisdiction, foundations.” (2016).