ILNews

Judges rule Wisconsin court had personal jurisdiction

Back to TopCommentsE-mailPrintBookmark and Share

The Indiana Court of Appeals has determined a Johnson Superior judge should not have set aside a Wisconsin court’s default judgment involving the sale and delivery of a boat between parties in the two states.

In Harry Kaufmann Motorcars, Inc. v. Schumaker Performance, Inc., No. 41A05-1108-MI-411, the COA reversed a decision to not give full faith and credit to a default judgment finding by a Wisconsin court.

The case involves the purchase of a boat following the Indianapolis Boat, Sport and Travel Show. Wisconsin-based company HKM agreed to buy the boat from Schumaker Performance and made a $9,000 down payment. A Schumaker representative delivered the boat in April 2007 to Wisconsin and accepted the final payment. After the initial delivery, a Schumaker representative picked the boat up and conducted repairs in Indiana before later returning the boat to HKM in Wisconsin.

 In July 2009, HKM filed a suit in Dane County, Wis., against Schumaker and co-defendant Eliminator Custom Boats alleging breach of contract and warranty claims relating to the boat sale. Schumaker was served with process in Indiana, but declined to appear and later informed the court of its intent. The Wisconsin court entered default judgment against Schumaker and Eliminator Custom Boats in June 2010 for $436,651.71. HKM later filed its complaint to domesticate foreign judgment in the Johnson County trial court, and in May 2011 the Indiana judge granted Schumaker’s motion to dismiss.

Finding that this case involves local services, goods or contracts received by a company in Wisconsin, the Indiana appellate court determined that Wisconsin’s long-arm statute applies to this case. The Indiana panel relied on Capitol Fixture and Woodworking Grp. v. Woodma Distribs., Inc., 432 N.W.2d 647, 649 (Wis. Ct. App. 1988) to determine that two inquiries had been satisfied to give the Wisconsin court personal jurisdiction over a non-resident defendant. Those two factors were the initial contact between HKM and Schumaker, resulting in the purchase, and the boat delivery from Indiana to Wisconsin that included the final payment being accepted in that state.

“As an Indiana seller, Schumaker cannot be surprised that it could possibly expose itself to litigation relating to the sale of its product in a buyer’s state,” Judge Cale Bradford wrote in the opinion. “In addition, Schumaker arranged for its counsel to communicate with the Wisconsin court, and through its counsel, could likely have arranged for effective local counsel without unreasonably inconveniencing itself. Accordingly, we conclude that the balancing of inconveniences in this instance falls in favor of HKM and conferring personal jurisdiction over Schumaker in the Wisconsin courts.”

The case is remanded for further proceedings consistent with this appellate opinion.

 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. File under the Sociology of Hoosier Discipline ... “We will be answering the complaint in due course and defending against the commission’s allegations,” said Indianapolis attorney Don Lundberg, who’s representing Hudson in her disciplinary case. FOR THOSE WHO DO NOT KNOW ... Lundberg ran the statist attorney disciplinary machinery in Indy for decades, and is now the "go to guy" for those who can afford him .... the ultimate insider for the well-to-do and/or connected who find themselves in the crosshairs. It would appear that this former prosecutor knows how the game is played in Circle City ... and is sacrificing accordingly. See more on that here ... http://www.theindianalawyer.com/supreme-court-reprimands-attorney-for-falsifying-hours-worked/PARAMS/article/43757 Legal sociologists could have a field day here ... I wonder why such things are never studied? Is a sacrifice to the well connected former regulators a de facto bribe? Such questions, if probed, could bring about a more just world, a more equal playing field, less Stalinist governance. All of the things that our preambles tell us to value could be advanced if only sunshine reached into such dark worlds. As a great jurist once wrote: "Publicity is justly commended as a remedy for social and industrial diseases. Sunlight is said to be the best of disinfectants; electric light the most efficient policeman." Other People's Money—and How Bankers Use It (1914). Ah, but I am certifiable, according to the Indiana authorities, according to the ISC it can be read, for believing such trite things and for advancing such unwanted thoughts. As a great albeit fictional and broken resistance leaders once wrote: "I am the dead." Winston Smith Let us all be dead to the idea of maintaining a patently unjust legal order.

  2. The Department of Education still has over $100 million of ITT Education Services money in the form of $100+ million Letters of Credit. That money was supposed to be used by The DOE to help students. The DOE did nothing to help students. The DOE essentially stole the money from ITT Tech and still has the money. The trustee should be going after the DOE to get the money back for people who are owed that money, including shareholders.

  3. Do you know who the sponsor of the last-minute amendment was?

  4. Law firms of over 50 don't deliver good value, thats what this survey really tells you. Anybody that has seen what they bill for compared to what they deliver knows that already, however.

  5. As one of the many consumers affected by this breach, I found my bank data had been lifted and used to buy over $200 of various merchandise in New York. I did a pretty good job of tracing the purchases to stores around a college campus just from the info on my bank statement. Hm. Mr. Hill, I would like my $200 back! It doesn't belong to the state, in my opinion. Give it back to the consumers affected. I had to freeze my credit and take out data protection, order a new debit card and wait until it arrived. I deserve something for my trouble!

ADVERTISEMENT