FIRST NATIONAL BANK OF SEARCY, ARKANSAS, A NATIONAL BANKING CORPORATION, APPELLANT,
v.
JOSEPH P. COLLINS AND GENEVE H. COLLINS, HUSBAND AND WIFE, APPELLEES

Fla. 2d DCA | 1979-05-18
No. 78-2113
HOBSON, A. C. J., and OTT, J., concur.
372 So. 2d 111 Florida District Court of Appeal, Second District (1979) Caution
Cited by 8 cases

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Synopsis

This case concerns whether a Florida court must recognize an Arkansas default judgment against Florida residents. The appellate court reversed the trial court's dismissal, holding that the Arkansas court had properly exercised personal jurisdiction over the appellees.


Holding

Yes, the Arkansas court had valid personal jurisdiction over the Collinses. Their ownership of property in Arkansas subjected them to the state's long-arm statute, and service by mail was reasonably calculated to provide actual notice, satisfying due process requirements.


Headnotes

[1] A court may exercise personal jurisdiction over a person who has an interest in, uses, or possesses real property within the state, for causes of action arising from that…

[2] Service of process by mail requiring a signed receipt is a constitutionally permissible method of service when reasonably calculated to give actual notice.

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Key Quotes

“The question for our determination is whether the Arkansas court had personal jurisdiction over appellees.”

This quote frames the central legal issue the appellate court needed to resolve.

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Facts & Procedural History

The First National Bank of Searcy, Arkansas, obtained a deficiency judgment against the Collinses, Florida residents, in Arkansas after foreclosing on…

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Opinion of the Court
BOARDMAN, Judge.

BOARDMAN, Judge.

Appellant First National Bank of Searcy (Bank) instituted this action in the Circuit Court of Pinellas County to establish a judgment entered in Arkansas as a Florida judgment. Appellees, Joseph P. and Ge-neve H. Collins, filed a motion to dismiss Bank’s second amended complaint alleging that the Arkansas judgment was not valid in Florida for the reason that personal jurisdiction had not been obtained over appel-lees in the Arkansas action. After a hearing, the trial court entered its order granting the motion to dismiss with prejudice. This timely appeal followed. The question for our determination is whether the Arkansas court had personal jurisdiction over appellees.

The documents before the circuit court showed that the Bank brought suit in Arkansas against appellees to foreclose a mortgage on appellees’ real property in Arkansas. Appellees were Florida residents. To effect service, Bank mailed a letter with a return receipt request to appellees at their home address in St. Petersburg, Florida. Enclosed was a copy of the complaint, affidavit, and notice of lis pendens which had been filed in Arkansas. Appellees’ Florida attorney responded by making inquiry into the case, but took no other action on behalf of appellees. A default judgment was entered against appellees. After sale and confirmation of the mortgaged property a deficiency judgment was entered in favor of Bank in the amount of $8,456.37 plus interest and costs. No part of that judgment has been paid. Bank then brought this action to establish that Arkansas judgment as a Florida judgment alleging that the foreign judgment was a valid in personam judgment entitled to full faith and credit in our courts. We agree with Bank and reverse the trial court.

It is well settled that in an action to establish a foreign judgment, the question of whether the court which rendered the judgment had jurisdiction over the person is open to challenge. National Equipment Rental, Ltd. v. Cooiidge Bank & Trust Co., 348 So. 2d 1236 (Fla. 2d DCA 1977).

To resolve the issue before us we must first determine whether jurisdiction was obtained in compliance with Arkansas’ long-arm statute, and if so, determine if the assertion of jurisdiction comports with due process. Founding Church of Scientology of Washington, D. C. v. Verlag, 175 U.S.App.D.C. 402, 536 F. 2d 429 (1976).

The jurisdictional provisions of the Arkansas statute are set forth in Section 27-2502, Arkansas Statutes, which reads as follows:

A court may exercise personal jurisdiction over a person, who acts directly or by an agent, as to a (cause of action) (claim for relief) arising from the person's .

(3) having an interest in, using, or possessing real property in this state

Section 27-2503, Arkansas Statutes, provides that:

When the law of this State authorizes service outside this State, the service, when reasonably calculated to give actual notice, may be made .

(c) by any form of mail addressed to the person to be served and requiring a signed receipt .

Since appellees owned real property in Arkansas, they were subject to personal jurisdiction under the statute. Service of process was perfected by giving notice by mail. Therefore, in our opinion, the Arkansas statutory requirements were substantially satisfied. The record shows appellees had actual notice.

We see nothing in this statute which offends the due process standards enunciated in International Shoe Co. v. Washington, 326 U.S. 310, 66 S.Ct. 154, 90 L.Ed. 95 (1945) and McGee v. International Life Insurance Co., 355 U.S. 220, 78 S.Ct. 199, 2 L.Ed.2d 223 (1957). Further, the Arkansas long-arm statute was held constitutional under similar circumstances in Bowsher v. Digby, 243 Ark. 799, 422 S.W. 2d 671 (1968). Minimum due process requires only that the plaintiff show (1) the defendant purposefully acts or causes consequences in the forum state, (2) the cause of action arises from the defendant’s activities there, and (3) the acts or consequences caused have substantial connection with forum. Horace v. American National Bank and Trust Co., 251 So. 2d 33 (Fla. 4th DCA 1971). In the case before us the ownership of the property was a purposeful act, the cause of action arose from the ownership, and the property was located in Arkansas. Therefore, the Arkansas court did have personal jurisdiction over appellees. Accordingly, it was error to dismiss appellant’s complaint.

The order appealed is reversed, and the case remanded for further proceedings.

REVERSED and REMANDED.

HOBSON, A. C. J., and OTT, J., concur.


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Citator

Cited By

  • Hinchee v. Golden OAK Bank, 540 So. 2d 262 (Fla. 2d DCA 1989)
    …reexisting case law on full faith and credit governs this analysis. It is well established that a foreign judgment may be challenged on grounds that the foreign court lacked jurisdiction over the person. First Nat’l Bank of Searcy, Ark. v. Collins, 372 So. 2d 111 (Fla. 2d DCA 1979). Likewise, the validity of the judgment may be challenged on grounds of extrinsic fraud. Haas v. Haas, 59 So. 2d 640 (Fla.1952). The jurisdiction of the foreign court and the validity of the foreign judgment must be analyzed under…
  • Damoth v. Reinitz, 485 So. 2d 881 (Fla. 2d DCA 1986)
    …We turn next to the second question and find that due process standards of fundamental fairness are satisfied in this case. Reinitz’ ownership of the property was a deliberate, nonfortuitous, and continuous act. See First National Bank v. Collins, 372 So. 2d 111 (Fla. 2d DCA 1979). [*884] Through his act of owning real property in this state, Reinitz purposely availed himself of the benefits and protections of Florida’s law of real property including the right to sell or enter into other transactions concer…
  • Corley v. Lloyd Milliken and "Capt. Jeffery, 389 So. 2d 976 (Fla. 1980)
    …resident by which he “purposely availfs] . . . [himself] of the privilege of conducting activities within the state.” Aero Mechanical Electronic Craftsman v. Parent, 366 So. 2d 1268, 1270 (Fla. 4th DCA 1979). See also First National Bank v. Collins, 372 So. 2d 111 (Fla. 2d DCA 1979); Compania Anonima Simantob v. Bank of America International, 373 So. 2d 68 (Fla. 3d DCA 1979); Horace v. American National Bank & Trust Co., 251 So. 2d 33 (Fla. 4th DCA 1971); Hubsch Manufacturing Co. v. Freeway Washer & [*978] St…

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