Wood v. Fliehman
952 N.E.2d 555
Ohio Ct. App.2011Background
- Wood, a Missouri resident, sought breeding services from Kinwalker Stables (Ohio) via online ads.
- Appellees are Ohio residents operating Kinwalker Stables; contract for breeding by artificial insemination for $515.
- In January 2009, Wood executed and delivered the Breeding Agreement and Transported Semen Agreement; Rossing signed for appellees in January 2009.
- From Jan–Jun 2009 the parties exchanged emails/phone calls to arrange semen shipment; Wood paid the balance and awaited shipment.
- Missouri court entered a default judgment against appellees in Dec. 2009 for breach of contract and MMPA claim; Wood then sought to enforce the judgment in Preble County, Ohio; trial court vacated/granted dismissal of the foreign judgment for lack of personal jurisdiction; appeal affirmed.
- Court held appellees lacked sufficient minimum contacts with Missouri to satisfy due process; long-arm statute alone could not justify jurisdiction; five-factor test applied; no substantial connection to Missouri established; testimony by Rossing deemed competent and admissible at the evidentiary hearing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Missouri had personal jurisdiction over appellees | Wood: Missouri long-arm statute + sufficient minimum contacts | Fliehman: no minimum contacts; due process not satisfied | No. Court affirmed; lack of minimum contacts defeats jurisdiction |
| Whether Rossing’s testimony was competent for the jurisdictional ruling | Wood: Rossing’s testimony about contacts lacked personal knowledge | Fliehman: testimony within scope of personal knowledge | Yes. Court permissibly admitted Rossing’s testimony; no reversible error |
Key Cases Cited
- Wyatt v. Wyatt, 65 Ohio St.3d 268 (Ohio 1992) (Full Faith and Credit; foreign judgment attack requires due process)
- Litsinger Sign Co. v. Am. Sign Co., 11 Ohio St.2d 1 (Ohio 1967) (broader due process framework for personal jurisdiction)
- CompuServe, Inc. v. Trionfo, 91 Ohio App.3d 157 (Ohio App. 1993) (foreign judgment void if court lacked jurisdiction)