Replies to post #53554 on CBA Florida Inc. (fka CBAI)

[tradinguru]

No, Matt has not closed on CCM yet. He agreed in court not to close the deal before the Feb. 25th hearing per this post on CBAIF from a witness who was at the January 14th hearing.

Matt agreed not to close the CCEL Mexico deal prior to the next hearing.

The notice to ammend was ordered by the judge. He gave CCEL 10 days to file this and then 15 to serve CCM.

Based on this:
11 NOTC 02/11/2011 DEFENDANT NOTICE OF LIMITED SPECIAL APPEARANCE F
I believe CCEL is in trouble this FRIDAY! If CCM took the road to not show up, this case is done.

http://legal-dictionary.thefreedictionary.com/appearance

Limited Appearance

In a number of states, a defendant in a lawsuit based on Quasi in Rem Jurisdiction may make a limited appearance. Quasi in rem is a Latin phrase for a type of jurisdiction in which the court has power over the defendant's property because it lies within the geographic boundaries of the court's jurisdiction. The presence of the property gives the court jurisdiction over the person of the defendant. To invoke quasi in rem jurisdiction, the court must find some connection between the property and the subject matter of the lawsuit.

A limited appearance enables a defendant to defend the action on the merits, but should the defendant lose, he or she will be held liable only up to the value of the identified property and not for all possible damages. A defendant who makes a limited appearance and wins the case can be sued again by the same plaintiff in a different court.

In states that have no provision for a limited appearance, a defendant can avoid being subject to the personal jurisdiction of the court by refusing to appear, thereby causing a default and a consequent Forfeiture of the property. Or the defendant can submit to the court's personal jurisdiction, defend the case on its merits, and face the possibility of full liability. The defendant must decide which course of action is best, after comparing the value of the seized property with the damages being sought by the plaintiff and considering the likelihood of winning the case at trial.

The Federal Rules of Civil Procedure do not provide for limited appearances in federal court but instead defer to state law on that issue. A slightly greater number of courts permit limited appearances than do not. The law of the jurisdiction in which the action is brought must be consulted to determine whether limited
If a challenge is successful and the court agrees that it does not have personal jurisdiction over the defendant, it will dismiss the action. If the court finds against the defendant on that issue, that decision can later be appealed.

The right to make a special appearance is almost universally recognized, except where abolished by statute. As a rule, leave of court (permission) must be obtained before a special appearance can be made, but this is not always the case.

Special Appearance

A special appearance is one made for a limited purpose. It can be made, for example, to challenge the sufficiency of the service of process. But most often, a special appearance is made to challenge the court's personal jurisdiction over the defendant. It prevents a default judgment from being rendered against the defendant for failing to file a Pleading. (A default judgment is an automatic loss for failing to answer the complaint properly.)

When a defendant makes a special appearance, no other issues may be raised without that appearance's becoming a general appearance. If a party takes any action dealing with the merits of the case, the party is deemed to have made a general appearance and submitted to the jurisdiction of the court.

If a challenge is successful and the court agrees that it does not have personal jurisdiction over the defendant, it will dismiss the action. If the court finds against the defendant on that issue, that decision can later be appealed.

The right to make a special appearance is almost universally recognized, except where abolished by statute. As a rule, leave of court (permission) must be obtained before a special appearance can be made, but this is not always the case.

http://law.jrank.org/pages/4388/Appearance.html

An appearance is also a coming into court as a party to a civil lawsuit. Although an appearance can be made by either the plaintiff (the one who has sued) or the defendant (the one being sued), the term most often refers to the action of the defendant.

The subject of appearance is closely related to the subject of PERSONAL JURISDICTION, which is the court's authority over an individual party. An appearance is some OVERT ACT by which the defendant comes before the court to either submit to or challenge the court's jurisdiction.

Any party can appear either in person or through an attorney or a duly authorized representative; the party need not be physically present. In most instances, an attorney makes the appearance. An appearance can also be made by filing a notice of appearance with the clerk of the court and the plaintiff, which states that the defendant will either submit to the authority of the court or challenge its jurisdiction. In a lawsuit involving multiple defendants, an appearance by one is not an appearance for the others. Valid SERVICE OF PROCESS is not required before an appearance can be made.

Historically, appearances have been classified with a variety of names indicating their manner or significance. A compulsory appearance is compelled by process served on the party. A conditional appearance is coupled with conditions as to its becoming or being taken as a general appearance (defined later in this article). A corporal appearance indicates that the person is physically present in court. A de bene esse (Latin, "of well being," sufficient for the present) appearance is provisional and will remain good only upon a future contingency. A gratis (Latin, "free" or "freely") appearance is made by a party to the action before the service of any process or legal notice to appear. An optional appearance is entered by a person who is intervening in the action to protect his or her own interests, though not joined as a party. A subsequent appearance is made by a defendant after an appearance has already been entered for him or her by the plaintiff. Finally, a voluntary appearance is entered by a party's own will or consent, without service of process, although process might be outstanding.