Hello again. Thank you for your patience.
Q) Hope you don’t mind so many questions from me
Not at all! It's why I'm here!
Q) No benefit was given in return for his promise to pay her this money, so there was no consideration on the part of my husband
The benefit would legally be called "consideration." While it depends on the exact language of the note, consideration is generally not required for a promissory note. Consideration is implied by the nature of the instrument itself.
Q) The problem though is that we reside in Wisconsin on a seasonal basis only, as my husband has a business up there, but we are residents of Florida. Even though my husband is engaged in substantial activities within the state of Wisconsin, these activities are isolated from the current claim of Breach of Contract
The legal issue you're raising is personal jurisdiction. The question is whether a court in Wisconsin has the authority to hear a case wherein your husband is a defendant. Constitutionally speaking, the only thing required for personal jurisdiction is "certain minimum contacts
" with the state.
In Wisconsin, Civil Procedure Rule 801.05(1)(d)
really answers the question. Since your husband runs a seasonal business there, a Wisconsin court has personal jurisdiction over him. Here's rule 801.08
; it discusses raising a lack of personal jurisdiction.
Has he been served and filed an answer? If he did not raise lack of personal jurisdiction in his answer, this defense may have been waived
(that's Rule 802.02(3)) or he might have essentially consented or acquiesced to jurisdiction in Wisconsin.
It doesn't really matter that the promissory note is not related in any way to the activity of the business located in Wisconsin.
Q) We therefore filed a Demand to Vacate for Lack of Personal Jurisdiction
It would be a motion to dismiss, not to vacate. You vacate a judgment, or a finding made by a court. Vacating something keeps other legal stuff in place or the case "in motion". For example, I had a client who was found guilty of a crime. Some other issues came to light, and I filed a motion to vacate the finding of guilt. That didn't get rid of the entire case; it just took us back a step or two so the court could take into consideration the other issues I discovered.
If you are saying the court has no personal jurisdiction over your husband, then the entire lawsuit is void. That's a motion to dismiss: void = throw out everything, baby, bathwater, etc.
Q) The opposing party has already scheduled a deposition on November 13th in Wisconsin. We are now in Florida. As he has refused to put himself under the jurisdiction of the Wisconsin Courts, must he attend the deposition, if we don’t receive a decision from the judge before November 13th in response to his Demand to Vacate
I think this issue is now moot. In my view, the Wisconsin court has personal jurisdiction. If the lack of P.J. was not raised in his answer, any assertion or defense of lack of P.J. is probably waived at this point.
If you still want to pursue the P.J. issue, you need to file a motion to dismiss the suit for lack of personal jurisdiction along with a request to stay further proceedings pending the court ruling on the motion to dismiss. If the court doesn't decide on the motion to dismiss or stay the proceedings, hubby should probably go to the deposition unless the other side is willing to postpone.
Nonetheless, I don't blame him. I wouldn't want to travel from the Sunshine State to Wisconsin in November, either! Pack your mittens!