Springfield, OH asked in Contracts, Business Law and Civil Litigation for Ohio

Q: Subject Matter Jurisdiction (personal)

Can an ohio plaintiff file in an ohio municipal court to demand a florida-domiciled person to come to ohio to address the plaintiff suit for $4k+ claiming damage to property? If she was duped into coming all the way to ohio under the threat of a default judgment against her, and went to trial, does she have recourse since she can prove her place of domicile before the case was filed (over a year before) and has verification of where she went back to the day following her trial?

****I received an answer from another attorney of another site that said something interesting, what's your take on these words? "The answer largely depends on whether the judge was made aware of the jurisdictional issue before trial. If not, then it is almost impossible to secure relief. But if the judge was informed of the issue in the form of a motion to dismiss the case, and went forward, then depending upon the proof offered of the lack of jurisdiction it should be possible to secure a reversal. "

1 Lawyer Answer

A: No, appearance in court without contesting personal jurisdiction is consent and there's no "duped" exception.

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