McCulley v. Brooks & Co.

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The Supreme Court held that a general appearance after the entry of a final judgment that is void ab initio because of the absence of personal jurisdiction does not, by itself, convert the prior void judgment into a valid one.A landlord obtained a default judgment against a commercial tenant and its guarantor for unpaid rent. The judgment was void as to the guarantor because the landlord failed properly to serve the complaint on him. The circuit court, however, found that the guarantor had entered a general appearance during post-judgment enforcement proceedings and thereby waived any objection to the validity of the default judgment. The Supreme Court reversed, holding that the circuit court erred in denying the guarantor’s motion to vacate the default judgment because the judgment was void as to the guarantor. View "McCulley v. Brooks & Co." on Justia Law