Nichols v. Pate

I dissent from the majority's reversal of the trial court's judgment denying Shirley Nichols's motion to set aside the default judgment.

Personal jurisdiction can be intentionally waived. WalnutEquip. Leasing Co. v. Long, 550 So.2d 998 (Ala.Civ.App. 1989). In Victore Insurance Co. v. Ross NeelySystems, Inc., 757 So.2d 473 (Ala.Civ.App. 2000), this court held that Ross Neely Systems, Inc., had waived personal jurisdiction by accepting the judgment of an Oklahoma court by receiving and depositing interpleaded funds. The main opinion distinguishes Victore Insurance Co. on the bases that, in this…