Brief Fact Summary. Plaintiff caused Defendant to enter the state of Florida by deceitfully telling him that her mother was sick and that she was leaving the country to be with her mother but must see Defendant before she left. When Defendant arrived in Florida, he was served with the complaint and summons of a civil suit. Defendant moved to quash the summons and complaint.
Synopsis of Rule of Law. Service of process made by fraudulently inducing the defendant to enter the jurisdiction so that he may be served is ineffective.
A judgment recovered in a sister state, through the fraud of the party procuring the appearance of another, is not binding on the latter when an attempt is made to enforce such judgment in another state.View Full Point of Law
Issue. Was the fact that Defendant was served in Florida only because Plaintiff fraudulently induced him to come to Florida grounds to render service ineffective?
Held. Yes. Defendant was only in Florida because Plaintiff gave him false information that she knew would compel him to travel to Florida. A judgment that is procured through fraud is void. Defendant can attack the judgment through an equitable defense in a suit to enforce the judgment in another state. The jurisdictional question can be collaterally attacked when the original judgment entered against Defendant was by a court that did not have personal jurisdiction over the Defendant.
Discussion. This case illustrates how personal jurisdiction procured through the fraud of the plaintiff nullifies any resulting judgment obtained against the plaintiff.