Wood v. Fliehman

952 N.E.2d 555, 193 Ohio App. 3d 454
CourtOhio Court of Appeals
DecidedMay 2, 2011
DocketNo. CA2010-09-012
StatusPublished
Cited by2 cases

This text of 952 N.E.2d 555 (Wood v. Fliehman) is published on Counsel Stack Legal Research, covering Ohio Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Wood v. Fliehman, 952 N.E.2d 555, 193 Ohio App. 3d 454 (Ohio Ct. App. 2011).

Opinion

Powell, Presiding Judge.

{¶ 1} Plaintiff-appellant, Nancy Wood, appeals a decision of the Preble County Court of Common Pleas granting the motion of defendant-appellees, Lee Fliehman and Ashley Fliehman, née Rossing, to dismiss or vacate an action to enforce a default judgment obtained in Missouri on the ground that the Missouri court lacked personal jurisdiction over appellees. For the reasons outlined below, we affirm the decision of the trial court.

{¶ 2} Appellant is a resident of Missouri. Appellant owned a mare that she wished to breed during the 2009 breeding season. Appellees are both residents of Ohio. Appellees operated a horse-breeding business under the trade name of Kinwalker Stables. In furtherance of its business, appellees placed advertisements on the Internet offering the breeding services of their stallion. Appellant saw one of appellees’ advertisements online and contacted appellees by e-mail to inquire into their breeding services. Appellees and appellant exchanged several e-mails, and eventually the parties reached an agreement for the breeding of appellees’ stallion to appellant’s mare by means of artificial insemination for the price of $515. In January 2009, appellees mailed appellant the “Breeding Agreement and Transported Semen Agreement.” On January 11, 2009, appellant executed and mailed back the contract, along with the required deposit fees. On January 15, 2009, upon receiving the agreement and deposit fees from appellant, Rossing signed the agreement for appellees.

{¶ 3} From January to June 2009, the parties continued to correspond by both e-mail and telephone in order to arrange the shipment of semen. Appellant paid the remaining balance on the contract and contacted appellees to have the semen shipped during a time when her mare was in heat. Appellant claims that appellees shipped the semen late, and when it arrived, it was allegedly unsafe for use.

{¶ 4} Thereafter, appellant filed suit against appellees in the Circuit Court of St. Francois County, Missouri, for breach of contract and violation of the [459]*459Missouri Merchandising Practices Act. Although served with a summons, appellees failed to file an answer or otherwise respond to the suit. Default judgment in the amount of $8,572.94 was entered against appellees in December 2009.

{¶ 5} On April 27, 2010, appellant brought an action to enforce the foreign judgment by filing an authenticated copy of the Missouri judgment in the Preble County Court of Common Pleas. Upon receiving notice, appellees responded by simultaneously filing an answer and a motion to dismiss or vacate the foreign judgment. Appellees argued that the Missouri judgment was void because appellees did not have sufficient contacts with the state of Missouri to permit the Missouri court’s exercise of personal jurisdiction over them. On August 4, 2010, after holding an evidentiary hearing on the matter, the trial court granted appellees’ motion to dismiss or vacate the foreign judgment. The trial court found that appellees did not have sufficient minimum contacts with Missouri to satisfy due process. In reaching its decision, the court declined to discuss Missouri’s long-arm statute on the ground that even if the long-arm statute would allow the exercise of jurisdiction, exercising that jurisdiction would violate due process. Appellant filed a timely appeal.

{¶ 6} Assignment of error No. 1:

{¶ 7} “The trial court erred when it granted [appellees’] motion to dismiss or vacate the foreign judgment.”

{¶ 8} In her first assignment of error, appellant argues that the trial court erred in finding that the Missouri court lacked personal jurisdiction over appellees because appellees’ conduct satisfies the Missouri long-arm statute and creates sufficient minimum contacts to satisfy due-process requirements. Appellant maintains that the trial court erred in failing to discuss Missouri’s long-arm statute. Appellant further contends that the court erred in failing to apply Missouri law in its due-process analysis.

{¶ 9} Pursuant to the Full Faith and Credit Clause of Section 1, Article IV, United States Constitution, Ohio courts must recognize the validity of a foreign judgment rendered by a court of competent jurisdiction. Wyatt v. Wyatt (1992), 65 Ohio St.3d 268, 269, 602 N.E.2d 1166. A foreign judgment may be collaterally attacked, however, if the foreign court’s exercise of personal jurisdiction was either not authorized by the foreign court’s internal law or if the assertion of jurisdiction violated the Due Process Clause of the Fourteenth Amendment. Litsinger Sign Co. v. Am. Sign Co. (1967), 11 Ohio St.2d 1, 4, 40 O.O.2d 30, 227 N.E.2d 609. A judgment rendered by a court that lacks jurisdiction over the person is void. CompuServe, Inc. v. Trionfo (1993), 91 Ohio App.3d 157, 161, 631 N.E.2d 1120.

[460]*460{¶ 10} “ ‘When a court’s personal jurisdiction is properly challenged * * * the jurisdictional question thus raised is one for the judge, with the burden on the plaintiff ultimately to prove the existence of a ground for jurisdiction by a preponderance of the evidence.’ ” Rita Ann Distrib. v. Brown Drug Co., 164 Ohio App.3d 145, 2005-Ohio-5786, 841 N.E.2d 400, ¶ 13, quoting Combs v. Bakker (C.A.4, 1989), 886 F.2d 673. We review the trial court’s ruling granting a motion to dismiss or vacate for lack of personal jurisdiction pursuant to a de novo standard of review. Buflod v. Von Wilhendorf, L.L.C., Warren App. No. CA2006-02-022, 2007-Ohio-347, 2007 WL 210790, ¶ 10.

{¶ 11} To determine whether a court has personal jurisdiction over a nonresident, it must engage in a two-step analysis. “First, the court must determine whether the state’s ‘long-arm’ statute and applicable civil rule confer personal jurisdiction, and, if so, whether granting jurisdiction under the statute and the rule would deprive the defendant of the right to due process of law pursuant to the Fourteenth Amendment to the United States Constitution.” (Footnote omitted.) U.S. Sprint Communications Co., Ltd. Partnership v. Mr. K’s Foods, Inc. (1994), 68 Ohio St.3d 181, 183-184, 624 N.E.2d 1048.

{¶ 12} “A state’s long arm statute or equivalent civil rule provides the basis upon which the exercise of personal jurisdiction is authorized by state law. * * * The interpretation of the applicable long arm statute or civil rule must be determined by application of the forum state’s law.” Hack v. Fisher-Bord Worldwide Moving, Summit App. No. 20914, 2002-Ohio-3863, 2002 WL 1758384, ¶11.

{¶ 13} Missouri’s long-arm statute provides the basis for the assertion of personal jurisdiction over appellees. Mo.Rev.Stat. 506.500 provides:

{¶ 14} “1.

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Bluebook (online)
952 N.E.2d 555, 193 Ohio App. 3d 454, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wood-v-fliehman-ohioctapp-2011.