48 A.3d 602
Vt.2012Background
- Crean Equipment Co. appeals Vermont superior court enforcement of a Georgia default judgment in favor of Yanmar American Corp.
- Georgia contract included a forum-selection clause mandating exclusive venue in Bartow County, Georgia.
- Crean defaulted on its loan; Yanmar repossessed and claimed $40,200, which Crean did not pay.
- Vermont sought enforcement on full faith and credit grounds; Crean argued the Georgia court lacked personal jurisdiction.
- Superior Court granted summary judgment for Yanmar, concluding Crean waived its personal jurisdiction defense by appearing in Georgia.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did Crean waive personal jurisdiction defense by appearance in Georgia? | Yanmar contends Crean's appearance and failure to challenge PJ waived the defense. | Crean contends the appearance did not validly waive PJ and/or was improperly analyzed under Georgia law. | Crean waived personal jurisdiction; Vermont affirms. |
Key Cases Cited
- World-Wide Volkswagen Corp. v. Woodson, 444 U.S. 286 (1980) (due process requires notice and PJ; void judgments lack full faith and credit)
- Int'l Shoe Co. v. Washington, 326 U.S. 310 (1945) (minimum contacts test for PJ; substantial justice)
- Brown v. Felsen, 442 U.S. 127 (1979) (res judicata prevents relitigation of previously available grounds)
- In re Grand Jury Proceedings, 654 F.2d 268 (3d Cir. 1981) (appearance and participation can establish PJ; waiver if not timely raised)
- Harvard Trust Co. v. Bray, 138 Vt. 199 (1980) (Vermont rule on waiver of lack of jurisdiction defense)
- United States v. Priority, 615 F. Supp. 593 (Ct. Int'l Trade 1985) (corporation cannot avoid adverse decision due to improper appearance)
- Mack v. Smith, 344 S.E.2d 474 (Ga. Ct. App. 1986) (pre-answer appearance can constitute entry of appearance)