MARK WELLINGTON, APPELLANT,
v.
DEPARTMENT OF REVENUE ON BEHALF OF DEBRA KOBER, APPELLEE
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A party against whom a default judgment is entered in a foreign state may collaterally attack that judgment for lack of personal jurisdiction, even if the foreign judgment states personal service was made.
Appellee obtained a default support judgment in Iowa against appellant. Appellant challenged the Iowa judgment's enforcement in Florida, arguing lack …
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KLEIN, Judge.
Appellee Kober obtained a support judgment in Iowa for a child she alleged she had with the appellant.. In this action to enforce the Iowa judgment against the appellant, the trial court held that appellant could not collaterally attack the Iowa judgment for lack of personal jurisdiction because the Iowa court had made a finding in the judgment that appellant had been personally served. We reverse.
The foreign court’s statement regarding personal service is not determinative where, as here, the Iowa judgment was entered against appellant by default. He did not appear, answer or contest jurisdiction. He is, therefore, entitled to now raise the issue of whether the Iowa court had personal jurisdiction over him. Best Form, Inc. v. Richards Products, Inc., 631 So. 2d 1123 (Fla. 4th DCA 1994); Riskin v. Miklos, 569 So. 2d 940 (Fla. 3d DCA 1990); Ratner v. Hensley, 303 So. 2d 41 (Fla. 3d DCA 1974), and Restatement (Second) of Judgments, § 81, illus. 1. See also, Haas v. Haas, 59 So. 2d 640 (Fla.1952) (if the court of the foreign state rendering the judgment has expressly litigated jurisdictional questions, those issues are res judicata).
We therefore reverse and remand for the trial court to determine whether the Iowa court did have personal jurisdiction over appellant. Appellant will have the burden of proving that the Iowa tribunal lacked personal jurisdiction over him. § '88.6071(l)(a), Fla. Stat. (1997).
FARMER and STEVENSON, JJ., concur.
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Whipple v. JSZ Fin. Co., Inc., 885 So. 2d 933 (Fla. 4th DCA 2004)…v. Bennett, 633 So. 2d 91 (Fla. 4th DCA 1994). If, however, the defendant did not have the opportunity to contest jurisdiction, he may raise the issue subsequently in a proceeding brought to enforce the judgment. See Wellington v. Dep’t of Revenue, 708 So. 2d 1040 (Fla. 4th DCA 1998)(where foreign judgment was entered by default and defendant had no prior opportunity to answer or contest jurisdiction, he could litigate that issue in Florida court); accord Best Form, Inc. v. Richards Prods., Inc., 631 So. 2d 1…
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Williams v. Cadlerock Joint Venture, L.P., 980 So. 2d 1241 (Fla. 4th DCA 2008)…2 (Fla. 4th DCA 1994)). “If, however, the defendant did not have the opportunity to contest jurisdiction, he may raise the issue subsequently in a proceeding brought to enforce the judgment.” Id. (citing Wellington v. Dep’t of Revenue ex rel. Kober, 708 So. 2d 1040, 1040 (Fla. 4th DCA 1998)). Here, the appellant had the burden of proving that the foreign court did not have personal jurisdiction over him. Wellington, 708 So. 2d at 1040. The New York record clearly showed that a female named Leslie Williams was…
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The Credit Counseling Found., Inc. v. Hylkema, 901 So. 2d 892 (Fla. 4th DCA 2005)…cuit Court dismissed the contest upon a holding that the default judgment bars Credit Counseling from contesting personal jurisdiction in response to the registration of the foreign judgment here. We reverse. In Wellington v. Department of Revenue, 708 So. 2d 1040 (Fla. 4th DCA 1998), we said regarding this identical issue: “The foreign court’s statement regarding personal service is not determinative where, as here, the Iowa judgment was entered against appellant by default. He did not appear, answer or con…
Authorities Cited
- Sanford Ratner v. Willa Mae Hensley, 303 So. 2d 41 (Fla. 3d DCA 1974)
- Riskin v. Miklos, 569 So. 2d 940 (Fla. 3d DCA 1990)
- Best Form, Inc. v. Richards Prods., Inc., 631 So. 2d 1123 (Fla. 4th DCA 1994)