Howard, Stallings, From & Hutson, P.A. v. Douglas

I agree with the majority today that “[t]he dispositive issue is whether the letter, sent after Plaintiff filed its complaint but prior to service of the complaint, constitutes an appearance.” Disagreeing with the conclusion of the majority that the letter constitutes an appearance, however, I respectfully dissent.

An “appearance” is defined as a “coming into court as party to a suit, either in person or by attorney, whether as plaintiff or defendant^] [t]he formal proceeding by which a defendant submits himself to the jurisdiction of the court[;] [and t]he voluntary submission to a court’s…