Civil Procedure Keyed to Cound
Wyman v. Newhouse
Appellee in the present case and Defendant in the state court case, Newhouse (Defendant) was a resident of New York. Appellant in the present case and Plaintiff in the state court case, Wyman (Plaintiff), was a Florida resident. Plaintiff and Defendant were having an extramarital affair. Plaintiff called and telephoned Defendant and falsely told him that her mother was sick and that she was leaving the country. Plaintiff told Defendant to come to Florida before she left the country. When Defendant arrived in Florida, he was served with the complaint and summons of a civil suit. Defendant returned to New York and was advised by New York counsel to ignore the complaint. Default judgment was entered against Defendant. Plaintiff filed a complaint in federal court in New York seeking to enforce the judgment against Defendant. Defendant filed a motion to dismiss the complaint on the grounds that Florida had no jurisdiction to bind Defendant to the judgment. The lower court granted the motion and dismissed the complaint, which Plaintiff appealed.
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