Wiggins v. Tigrent, Inc.
147 So. 3d 76
| Fla. Dist. Ct. App. | 2014Background
- Tigrent filed five claims against WCC and Wiggins in Florida; Wiggins was served in Washington and defaulted; the circuit court entered a final judgment against WCC and Wiggins for $368,169.99; Wiggins later moved to vacate under Fla. R. Civ. P. 1.540(b) arguing lack of personal jurisdiction; Tigrent argued jurisdiction was proper or that Wiggins waived the defense; the circuit court denied the motion; the issue on appeal is whether Wiggins waived the jurisdiction defense and whether jurisdiction existed under Fla. long-arm statute; the appellate court reverses and remands to vacate as to Wiggins and dismiss against him; the judgment against WCC remains intact.
- Wiggins did not contest service or the default entry on the merits, but challenged jurisdiction collaterally after the default judgment.
- The court analyzes waiver of lack of personal jurisdiction under Rule 1.140 and Rule 1.540, distinguishing void vs voidable judgments.
- The court holds that a void judgment due to lack of personal jurisdiction can be attacked collaterally and is not subject to a one-year waiver period.
- The court concludes that Wiggins lacked both general and specific Florida long-arm jurisdiction as to him personally, and that the judgment as to him is void; remand to vacate as to Wiggins and dismiss him from the action.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Waiver of lack of personal jurisdiction | Tigrent argues Wiggins waived by failing to raise timely | Wiggins argues no waiver; may raise later | Wiggins did not waive |
| Whether Florida long-arm jurisdiction over Wiggins existed | Tigrent asserts tort was committed in Florida and/or substantial Florida activity | Wiggins lacks minimum contacts; no Florida tort occurred | Court lacked personal jurisdiction; judgment void as to Wiggins |
Key Cases Cited
- Sterling Factors Corp. v. U.S. Bank Nat'l Ass'n, 968 So. 2d 658 (Fla. 2d DCA 2007) (void judgment if lack of personal jurisdiction; no time limit to vacate)
- World-Wide Volkswagen Corp. v. Woodson, 444 U.S. 286 (Supreme Court 1980) (due process limits on jurisdiction; connexity concept)
- Wendt v. Horowitz, 822 So. 2d 1252 (Fla. 2002) (misjoinder of jurisdiction; connexity and minimum contacts analysis)
- Execu-Tech Bus. Sys., Inc. v. New Oji Paper Co., 752 So. 2d 582 (Fla. 2000) (advertenced communications into Florida; long-arm principles)
- Kountze v. Kountze, 996 So. 2d 246 (Fla. 2d DCA 2008) (conversion and torts; where act occurred determines jurisdiction)