Posts Tagged ‘Personal Jurisdiction’

What aspects of family law require personal jurisdiction over the Defendant?

Two areas of family law do not require personal jurisdiction over the Defendant but only require in rem jurisdiction. Those areas are divorce [S.C. Code Ann. § 20-3-30] and child custody [S.C. Code Ann. § 63-15-330]. For these matters, a Plaintiff can file the action in South Carolina even if there is no personal jurisdiction […]

For purposes of the “Full Faith and Credit” clause what does it mean to “fully and fairly litigate” personal jurisdiction?

N.B. Two and a half years after I lost this appeal in the Court of Appeals, I obtained a reversal, and victory, in the Supreme Court: Well it seemed obvious to me I’ve avoided blogging on the October 13, 2010 Court of Appeals opinion in Ware v. Ware, 390 S.C. 493, 702 S.E.2d 390 (Ct. App. 2010) because […]

The foolishness of agreeing to family court jurisdiction when issues are contested or subject to enforcement

In the first year of law school everyone takes Civil Procedure, where we learn about in rem jurisdiction, quasi in rem jurisdiction and in personam [personal] jurisdiction.  One percent of us understand the concepts clearly and other ninety-nine percent (including me) promptly misremember or forget most of what we learned–and then, possibly, relearn these lessons […]

Minimum contacts personal jurisdiction analysis not applicable to contested multi-state adoption action

The July 13, 2009 Court of Appeals decision in Brookshire v. Blackwell, 384 S.C. 333, 682 S.E.2d 295 (Ct.App. 2009) clarifies personal and subject matter jurisdiction analysis as it regards multi-state adoption action. In this case the Brookshires, South Carolina residents, were awarded custody of the Blackwells’ children by the Alabama Courts.  The Brookshires then filed an adoption […]

 

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