Summary
The Supreme Court of Alabama denied Full Circle Distribution, L.L.C.'s petition for a writ of mandamus seeking to reinstate a default judgment against SECO Aviation, Inc. and Anthony Aviation Center, Inc. The court held that a Rule 60(b)(4) motion to set aside a void judgment is not subject to the rule's reasonable-time limitation. It further concluded that the defendants lacked sufficient minimum contacts with Alabama for the trial court to exercise personal jurisdiction, rendering the default judgment void.
Topics
Practice areas
Questions Presented
- Whether the reasonable-time requirement in Rule 60(b) applies to a motion under Rule 60(b)(4) seeking relief from a void judgment.
- Whether the Etowah Circuit Court had personal jurisdiction over the Pennsylvania SECO entity and Anthony Aviation Center, Inc.
- Whether Full Circle had a clear legal right to mandamus relief directing the trial court to set aside its order granting Rule 60(b)(4) relief.
Holdings
- A motion seeking relief from a void judgment under Rule 60(b)(4), Ala. R. Civ. P., is not governed by the rule's reasonable-time requirement.
- The default judgment was void because neither SECO(PA) nor Anthony Aviation Center, Inc. had sufficient minimum contacts with Alabama to support general or specific personal jurisdiction.
- Full Circle was not entitled to a writ of mandamus because it lacked a clear legal right to have the trial court's order granting Rule 60(b)(4) relief set aside.
Key quotations
“Accordingly, we hold that a motion for relief from a void judgment is not governed by the reasonable-time requirement of Rule 60(b).” (at 643)
“Since neither SECO(PA) nor AAC has the requisite "minimum contacts" with this State to permit Alabama courts to exercise in personam jurisdiction over them, assertion of such jurisdiction over the parties would be inconsistent with "traditional notions of fair play and substantial justice."” (at 645)
Factual background
Full Circle entered into a consignment agreement with SECO Aviation, Inc., a Georgia corporation, concerning the sale of helicopter-fuel-dump pumps. After assets including the pumps were sold, Full Circle sued a different SECO entity, a Pennsylvania corporation, and Anthony Aviation Center, Inc., a Florida corporation, alleging breach of contract and conversion. Neither defendant answered, and the Alabama trial court entered a default judgment. The defendants later challenged the judgment under Rule 60(b)(4), asserting that they lacked contacts with Alabama and had not been properly served.
Procedural history
Full Circle sued Seco Aviation, Inc., a Pennsylvania corporation, and Anthony Aviation Center, Inc., a Florida corporation, in the Etowah Circuit Court for breach of contract and conversion. After the defendants failed to answer, the trial court entered and amended a default judgment. The judgment was domesticated in Florida, after which the defendants moved under Rule 60(b)(4) to set it aside as void for lack of personal jurisdiction. The trial court granted that motion, and Full Circle sought mandamus relief from the Alabama Supreme Court, which denied the petition.