Fort Lauderdale, Fla. – October 17, 2022 – Greenspoon Marder LLP is pleased to announce that partners Jack Pelzer, Chad Tamaroff, and Aaron Williams successfully appealed an order denying Modway Inc.’s motion to dismiss for lack of personal jurisdiction and for improper venue. On remand, the team secured dismissal of the action on those same grounds, a defense victory for Modway in the trial court.
The appeal handled by Jack Pelzer established as a matter of first impression that an initial motion to quash service of process that does not raise personal jurisdiction or venue does not waive those issues if the motion to quash is granted, because the action was never properly commenced. The appellate court agreed with Modway that the trial court needed to conduct an evidentiary hearing on remand to determine whether there was a novation eliminating a venue selection clause, and to address the merits of Modway’s challenge to personal jurisdiction.
On September 2, 2022, after conducting that evidentiary hearing, the Honorable Jeffrey Levenson entered a final judgment in favor of Modway. Judge Levenson held that the court does not have personal jurisdiction over Modway and that the selection of venue in New Jersey was still in force because the plaintiff failed to meet its burden of proof of novation.