Futterman v. Gerber

HORTON, Judge.

The appellant-plaintiff brought suit in the Civil Court of Record for Dade County on an Illinois judgment in the amount of $2,815.17. A copy of the Illinois judgment was attached to the complaint. By way of answer, the appellee-defendant raised the affirmative defense of lack of jurisdiction in the Illinois court to enter the judgment upon the ground that the appellee had never been served. After certain procedural skirmishing, the parties went to trial before a jury upon the sole issue of whether or not the appellee had been validly served with process in the Illinois action.…