Gibbons v. Brown
Facts: Ms. Gibbons gave Mr. Brown faulty directions which caused them to get in an accident. Ms. Gibbons, a resident of Texas, sues Mr. Brown in Florida. Two years later Mrs. Brown brought suit against Ms. Gibbons in Florida, stating that the court had jurisdiction because she availed herself of the Florida court 2 years before. Ms. Gibbons asserts that this is a totally different suit.
Holding: Court relied on the state’s long-arm statutes. Bringing a prior suit in a jurisdiction or state doesn’t subject one to that state’s jurisdiction in any action; Doesn’t prohibit party from challenging jurisdiction in a separate suit in that same jurisdiction, even if suit is arising from same subject matter. Court says basically that the notice must be of such nature as reasonably to convey the required information, to apprise interested parties of the pendency of the action, and it must afford a reasonable time for those interested to make their appearance.
Individual must engage in substantial and not isolated activity:
- actions/claims must arise out of the same suit
- party bringing suit must be a party to original suit
- counter-claims are allowed
Facts: Ms. Gibbons gave Mr. Brown faulty directions which caused them to get in an accident. Ms. Gibbons, a resident of Texas, sues Mr. Brown in Florida. Two years later Mrs. Brown brought suit against Ms. Gibbons in Florida, stating that the court had jurisdiction because she availed herself of the Florida court 2 years before. Ms. Gibbons asserts that this is a totally different suit.
Holding: Court relied on the state’s long-arm statutes. Bringing a prior suit in a jurisdiction or state doesn’t subject one to that state’s jurisdiction in any action; Doesn’t prohibit party from challenging jurisdiction in a separate suit in that same jurisdiction, even if suit is arising from same subject matter. Court says basically that the notice must be of such nature as reasonably to convey the required information, to apprise interested parties of the pendency of the action, and it must afford a reasonable time for those interested to make their appearance.
Individual must engage in substantial and not isolated activity:
- actions/claims must arise out of the same suit
- party bringing suit must be a party to original suit
- counter-claims are allowed