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Hi Lucy, How are you doing today. This is my question: For

Hi Lucy, How are you doing...
Hi Lucy,

How are you doing today.

This is my question:

For a number of reasons not relevant here, I found myself almost unpredictably at a trial hearing wirh a few days notice and a counsel that had notified his withdrawal motion to the wrong address, and same for the court order after the hearing i was unaware of, etc... etc... This is not the subject, but just an introduction to understand why things are a little bit complicated here.

So at the hearing I pleaded the lack of cause of action and the improper party to sue for the following reason : it is an unjust enrichment case where Plaintiff is alleging that he gave me $41,100 to do some works to his property, believing I would buy it, and then he alleges that the works weren't done and that I did not buy the property so I unjustly enriched myself.

My lawyer was a major failure and I had to be hospitalized, so I could not realize before it was too late.

Judge was practically sleeping when I explained that Plaintiff is suing the wrong defendant showing the check of $41,100 to the order of a regular corporation that I was the CEO of, and a just majority shareholder of 51%.

Basically the property was rented first, and there was a lease purchase option. My Company was using 90% of the space with multiple offices, I was owning some other place nearby. In reality, I did not have time to come up with the invoices of all the repairs and overhaul works my Company did to that house. I have gathered these now and the materials only are amounting to the amount of the check. The check is actually paying off also a small loan of $3,100 to Plaintiff.


The corporation is a corporation of the State of Delaware, the Statutes of which are very strict to protect shareholders and officers against such type of action where - without any evidence at all here - they are considered as beneficiaries of any sums remitted to their corporation, or any liabilities, without a due process of justice.

I have insisted on the absence of cause of action, on the wrong party being sued, and the absence of any pleading or evidence that a check of $41,100 to my Company is benefiting to me.

In addition, the court has also founded that it has benefited to my wife thta has nothing to do with thta corporation, but this is accessory to the debate.


According to FL rules of Civil Procedures, "the defense of lack of jurisdiction of the subject matter may be raised at any time",

The Corporation was a Delaware Corporation, and a Foreign Corporation of the State of Florida, registered as such, and therefore operating under the DE laws.


The final judgment was issued, but then an amended final judgment was issued erroneously. There is a hearing scheduled for June 5th based on a bizarre order of the court deeming motion to rehear a correspondence I had sent to the judge.

I have filed a motion for a new trial in a timely fashion, but it was denied...


My motion for new Trial was contending principally the fact that the jdugment is founding itself on an expired contract.

It states the following :

1. The seminal issue in this case was whether the $41,100 check to the order of a Corporation named ZZZ handed over by Plaintiff to Defendant , CEO of said corporation:

a. benefited to him and more specifically to his wife, who was neither a signatory of any single agreement with Plaintiff, nor an officer or shareholder of said Company,

or,

if by remitting this check to Defendant , Plaintiff was not simply using the insurance moneys to pay back his due to said Corporation.

QUESTION (sorry, it was a bit long... ) : I am past the 10 days to object the order denying my motion for new trial, but if I file a motion or objection ( which one would be best ? or hybrid ??? ) contending the lack of jurisdiction on the particular point of determining if the check to my Company could be beneficial to me, as this is ruled by the laws of the State of Delaware, is this an option ? What else do you suggest ?

PS the rule is 1.140 (b) DEFENSES
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Answered in 6 minutes by:
5/13/2013
Lucy, Esq.
Lucy, Esq., Attorney
Category: Legal
Satisfied Customers: 30,589
Experience: Lawyer
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Good evening,

Jurisdiction only applies to whether the court has authority to hear a case. If the corporation is registered to do business in Florida as a corporation (which it has to be), then the Florida courts have jurisdiction. That defense is for a situation where, say I go to Florida and do business a company there. When I return home, I find that the other party has breached the contract. If I decide to file suit in my home state because that's where I live and it's easier for me, the court does not have jurisdiction over the other party.

The only other option that I can think of at this point would be to file a notice of appeal, if you have not yet done so. If there is a judgment against you personally for business conducted by a corporation, and you keep all business and corporate assets separate, that should provide grounds for appeal. If the judgment is also against your wife and she did not personally guarantee the contract, that gives her a basis for appealing also.
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Customer reply replied 4 years ago

Thank you, Lucy.

Yes, appeal is going to be filed, no worries, there is tons to appeal and much more severe, but I am a perfectionist and I want to make sure I don't forget something and I am weeding out here.

The question of jurisdiction is not "jurisdiction of court", sorry, I was unclear, it is the jurisdiction on the particular matter.

The Company is not registered in the state of Florida, it;s just recorded as a foreign entity and the laws applicable to evaluate a situation in between a CEO or shareholder and a third party to the Company, are they not the laws of the State of DE ?

In particular, as per the Statutes of Delaware, it is strictly prohibited to assume without any evidence that a Corporation and one of it's officers are the same person, or that the officers are acting on their behalf and for their own benefit.

I believe it's also the case in FL, but to a lesser extent.

The question is : when anyone deals with a Corporation of the State of Delaware, registered as such in the State of FL, does he have not to be aware of the laws ruling such corporation ?

Does the same not apply to the Court when examining a transaction in between and individual and the Delaware company ?

Subject matter jurisdiction doesn't have to do with where the parties are located or where they live. It has to do with what types of cases can be heard. For example, the bankruptcy courts only have jurisdiction to hear bankruptcy cases - and the state courts can't hear federal bankruptcy matters. Your case is a contracts case, and the trial courts of general jurisdiction can hear contracts cases. If the case had been brought in Family Court, the Family Court judge wouldn't have jurisdiction.

The courts in Florida apply Florida law in most cases (there are some exceptions). But even if this were a situation where the judge was supposed to apply Florida law, that's not really a jurisdictional dispute. That's grounds for appeal - but you'd need a specific statute that says that Delaware law applies, and there isn't one in this case. The judge doesn't have to always follow DE law when deciding a case involving a DE corporation anymore than he would have to follow Cuba law when deciding a case involving a citizen of Cuba. That's not what subject matter jurisdiction is.
Lucy, Esq.
Lucy, Esq., Attorney
Category: Legal
Satisfied Customers: 30,589
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Customer reply replied 4 years ago

Sounds clear ! Thank you again !

Customer reply replied 4 years ago

Sounds clear ! Thank you so much again, Lucy !

You're very welcome, and thank you! If I don't hear from you, good luck at the hearing!
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Customer reply replied 4 years ago

As far as I am concerned, I will appeal before the hearing, so it will be only about the motion for attorney;s fee, I believe, but I have a few more questions. do you prefer to close this one and open new ones ?

The site requires that all unrelated questions to be posted in new question threads.

Also, if you happen to post something I can't answer or when I'm unavailable, you'll usually get response from someone else faster if you have a new question opened.
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Customer reply replied 4 years ago

ok

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Lucy, Esq.
Lucy, Esq.
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Category: Legal
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