McCulley v. Brooks & Co. General Contractors, Inc.
295 Va. 583
Va.2018Background
- Brooks & Co. sued tenant Plastic Lumber and guarantor Colin McCulley for unpaid rent; process was posted at McCulley’s door but the plaintiff did not file the statutory mailing certificate required by Va. Code § 8.01-296(2)(b).
- Default judgment entered July 7, 2016 against both defendants; McCulley never filed a responsive pleading before that judgment.
- Post-judgment, the clerk summoned McCulley for debtor’s interrogatories before a commissioner in chancery; McCulley’s counsel rescheduled the meeting and then filed a motion to vacate the default judgment, making a special appearance to contest personal jurisdiction.
- McCulley participated in extended post-judgment enforcement proceedings (debtor’s interrogatories); he expressly preserved his objection to personal jurisdiction in his motion to vacate.
- The circuit court found initial service defective but held McCulley waived his challenge by making a general appearance through post-judgment participation; the Supreme Court of Virginia reversed, declaring the judgment void as to McCulley and vacating enforcement orders.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a post-judgment general appearance can retroactively cure lack of personal jurisdiction and validate a judgment void ab initio | McCulley’s participation in debtor’s interrogatories constituted a general appearance and waived jurisdictional defects | A post-judgment appearance cannot retroactively validate a judgment that was void for lack of personal jurisdiction; McCulley preserved the challenge by a special appearance | A post-judgment general appearance alone does not retroactively validate a judgment void ab initio; judgment vacated as to McCulley |
| Whether McCulley ratified the judgment or is estopped from challenging it | Brooks & Co. argues conduct in enforcement proceedings shows assent to the judgment | McCulley never manifested intent to treat the judgment as valid and timely filed a motion to vacate; no third-party reliance or enforcement that would prejudice Brooks & Co. | Equitable-estoppel/ratification inapplicable: no manifestation of assent by McCulley and no substantial reliance by others; challenge allowed |
| Whether failure to comply with Va. Code § 8.01-296(2)(b) renders service and resulting default judgment void | (Implicit) Plaintiff conceded failure to satisfy statutory mailing/certificate requirements | That defect renders service void and judgment void for lack of personal jurisdiction | Failure to meet statute’s mailing and certificate requirements renders the default judgment void for lack of personal jurisdiction |
| Whether any other equitable grounds bar relief | Brooks & Co. relied on waiver/appearance theory only on appeal | McCulley argued no other equitable basis was shown to deny relief | Court did not address other equitable theories because they were not argued on appeal; relief granted to McCulley |
Key Cases Cited
- Zenith Radio Corp. v. Hazeltine Research, Inc., 395 U.S. 100 (federal constitutional rule: personal jurisdiction required for judgments in personam)
- Lyren v. Ohr, 271 Va. 155 (Va. 2006) (general appearance before final judgment waives service defects)
- New River Mineral Co. v. Painter, 100 Va. 507 (Va. 1902) (appearing to action waives defects in process when before final judgment)
- Abarca v. Henry L. Hanson, Inc., 106 N.M. 25 (N.M. Ct. App. 1987) (post-judgment appearance cannot revive a void judgment)
- Insurance Corp. of Ireland v. Compagnie des Bauxites de Guinee, 456 U.S. 694 (personal-jurisdiction requirement may be waived or result in estoppel in special circumstances)