Maloney v. Hicks

STEWART, JAMES R., Jr., Associate Judge.

Plaintiff obtained a $3,000.00 judgment against defendant in the State of Arkansas. The defendant was not served personally within or without Arkansas and did not appear or defend. Plaintiff then brought suit on the foreign judgment in Florida. This appeal is from the entry of a final summary judgment in favor of the plaintiff. We reverse.

In pleading to the complaint, the defendant affirmatively set forth the following defense:

The Judgment here sued upon, issued by an Arkansas Court is illegal and void, and is an act in excess of the jurisdiction of the…