Glading v. Furman, No. 83

CourtCourt of Appeals of Maryland
Writing for the CourtLEVINE
Citation282 Md. 200,383 A.2d 398
Docket NumberNo. 83
Decision Date27 March 1978
PartiesPeter T. GLADING v. Lynn A. FURMAN, etc.

Page 200

282 Md. 200
383 A.2d 398
Peter T. GLADING
v.
Lynn A. FURMAN, etc.
No. 83.
Court of Appeals of Maryland.
March 27, 1978.

[383 A.2d 399]

Page 201

Jeffrey N. Greenblatt, Rockville (Brodsky & Greenblatt, Rockville, on the brief), for appellant.

Glenn M. Cooper, Chevy Chase (Shefferman, Paley & Rothman, Chartered, Chevy Chase, on the brief), for appellee.

Argued before SMITH, DIGGES, LEVINE, ELDRIDGE, ORTH and COLE, JJ.

LEVINE, Judge.

This appeal involves application of the doctrine of continuing personal jurisdiction to a petition for child support filed against a parent who has become a nonresident of this state subsequent to issuance of a Maryland divorce decree lacking a provision for support. Following dismissal of the petition by the Circuit Court for Montgomery County, for want of personal jurisdiction over appellant, the Court of Special Appeals reversed and remanded in Furman v. Glading, 36 Md.App. 574, 374 A.2d 414 (1977). We then granted certiorari and we now affirm.

The litigation that culminates in this appeal began on June 1, 1972, when appellee filed her bill of complaint against appellant in which she sought a divorce a mensa et thoro, alimony, custody of their 14-month old daughter and child support. Personal service in Maryland was then made on appellant who responded not only with an answer, but also with a cross bill for divorce a vinculo matrimonii (on the ground of adultery) and child custody. Several months later the parties entered into a stipulation in which they agreed that appellee should have custody of the child, that alimony was waived, and that appellee was to support the child and indemnify appellant for any sums of money that he might

Page 202

thereafter be required to pay for child support. After presentation of testimony, the circuit court then proceeded to award appellant a divorce a vinculo in December 1972 and to grant custody of the child to appellee. The decree was completely silent on the matter of child support.

[383 A.2d 400] Some 42 months later, in June 1976, appellee filed a petition for child support, thus triggering the present dispute. Service of the petition was made personally upon appellant in the State of Virginia. He responded with a motion raising preliminary objection asking that the petition be dismissed for lack of jurisdiction over his person. In a supporting affidavit he established, not only that he had been a resident of Virginia continuously since June 1972, but also that during the same period of time he had maintained absolutely no contacts with the State of Maryland. After extensive briefing and oral argument, the circuit court dismissed the petition on the ground that personal jurisdiction had not been obtained, finding that appellant, a nonresident, had not been served within the State of Maryland and that he had not entered his appearance in the case, either personally or through counsel.

In reversing and remanding for further proceedings, the Court of Special Appeals applied the doctrine of continuing jurisdiction and, relying on Maryland Code (1974, 1977 Cum.Supp.), § 3-602(a) of the Courts and Judicial Proceedings Article (derived from former Article 16, § 66(a)), held that "the parties, once having been subject to the court's jurisdiction for purposes of determining custody and child support under (§ 3-602(a)), remained subject to such jurisdiction for the purpose of modifying any decree or order which affected the child." 36 Md.App. at 578, 374 A.2d at 417.

At the outset, we recognize the cardinal proposition that a claim for child support is an action in personam, and therefore one which required that the circuit court obtain personal jurisdiction over appellant in order to render a binding judgment against him.

"A decree for alimony (or child support) is a decree in personam, and unless the Court has jurisdiction over the person against whom it is passed it is not

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binding upon him. Such jurisdiction over a non-resident can only be acquired by service of process upon him within the State, or by his voluntary appearance, in person or by attorney. Constructive service by publication, or personal service of process beyond the limits of the State, is not sufficient, nor does a special appearance for the purpose of objecting to the jurisdiction of the Court confer upon that Court jurisdiction to decree on the merits of the case. . . ." McSherry v. McSherry, 113 Md. 395, 400, 77 A. 653, 655 (1910) (citations omitted).

Accord, Renwick v. Renwick, 24 Md.App. 277, 285, 330 A.2d 488 (1975); see Keen v. Keen, 191 Md. 31, 36, 60 A.2d 200 (1948); Garner v. Garner, 56 Md. 127, 128-29 (1881); cf. Hunt v. Tague, 205 Md. 369, 375, 109 A.2d 80 (1954); Ortman v. Coane, 181 Md. 596, 600-601, 31 A.2d 320 (1943) (stating rule that court could not impose personal liability on nonresident defendant unless service had been made on him within state, or he had waived such service by general appearance, or had otherwise submitted to jurisdiction of court). In sum, for personal jurisdiction to be acquired over a nonresident defendant in a child support case, he must either be personally served with process within this state or must voluntarily appear in the case, personally or through counsel. 1

[383 A.2d 401] As we have stated, appellant, at the inception of the original proceedings, was personally served with process in this state

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and also entered a voluntary appearance. But by the time the petition for child support was filed, he had become a resident of the State of Virginia where he was personally served. Thus the question posed is whether the circuit court retained continuing jurisdiction over his person from the initial institution of the case in 1972, so as to be capable of rendering an in personam decree for child support against him in 1976.

The doctrine of continuing personal jurisdiction, as we apply it here, has been defined by the American Law Institute in these terms:

"If a state obtains judicial jurisdiction over a party to an action, the jurisdiction continues throughout all subsequent proceedings which arise out of the original cause of action. Reasonable notice and reasonable opportunity to be heard must be given the party at each new step in the proceeding." Restatement (Second) of Conflict of Laws § 26 (1971) (emphasis added). See also R. Leflar, American Conflicts Law § 28 (1968).

The Supreme Court placed its imprimatur on the doctrine in the seminal case of Michigan Trust Co. v. Ferry, 228 U.S. 346, 353, 33 S.Ct. 550, 552, 57 L.Ed. 867 (1913), where Mr. Justice Holmes said for the Court "that if a judicial proceeding is begun with...

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39 practice notes
  • Ricketts v. Ricketts, No. 136, September Term, 2003.
    • United States
    • Court of Special Appeals of Maryland
    • July 28, 2006
    ...and promote the child's best interests." Stancill v. Stancill, 286 Md. 530, 534-5, 408 A.2d 1030, 1033 (1979), citing Glading v. Furman, 282 Md. 200, 383 A.2d 398 (1978); Burns v. Bines, 189 Md. 157, 162-163, 55 A.2d 487, 489 (1947); Barnard v. Godfrey, 157 Md. 264, 267, 145 A. 614, 615 (19......
  • Fludd v. Kirkwood, No. 1297, Sept. Term, 2020
    • United States
    • Court of Special Appeals of Maryland
    • December 16, 2021
    ...that arise out of the original cause of action, even if one of the parties moves out of state in the interim . [ Glading v. Furman , 282 Md. 200, 204, 383 A.2d 398 (1978) ] (quoting Restatement (Second) of Conflict of Laws § 26 (1971) ) (quotation marks omitted). The doctrine is rooted in t......
  • Lohman v. Lohman, No. 130
    • United States
    • Court of Appeals of Maryland
    • September 1, 1992
    ...it must have first obtained jurisdiction over the person of the defendant. Altman, 282 Md. at 486, 386 A.2d at 768; Glading v. Furman, 282 Md. 200, 202, 383 A.2d 398, 400 (1978); McSherry v. McSherry, 113 Md. 395, 400, 77 A. 653, 655 (1910). Moreover, it is well settled that in order to ext......
  • Altman v. Altman, No. 82
    • United States
    • Court of Appeals of Maryland
    • May 5, 1978
    ...or obligation in favor of the plaintiff, it must have first obtained jurisdiction over the person of the defendant. See Glading v. Furman, 282 Md. 200, 203, 383 A.2d 398 (1978); McSherry v. McSherry, 113 Md. 395, 400, 77 A. 653 (1910). This personal jurisdiction, in turn, may be exercised o......
  • Request a trial to view additional results
38 cases
  • Ricketts v. Ricketts, No. 136, September Term, 2003.
    • United States
    • Court of Special Appeals of Maryland
    • July 28, 2006
    ...promote the child's best interests." Stancill v. Stancill, 286 Md. 530, 534-5, 408 A.2d 1030, 1033 (1979), citing Glading v. Furman, 282 Md. 200, 383 A.2d 398 (1978); Burns v. Bines, 189 Md. 157, 162-163, 55 A.2d 487, 489 (1947); Barnard v. Godfrey, 157 Md. 264, 267, 145 A. 614, 615 (1......
  • Lohman v. Lohman, No. 130
    • United States
    • Court of Appeals of Maryland
    • September 1, 1992
    ...it must have first obtained jurisdiction over the person of the defendant. Altman, 282 Md. at 486, 386 A.2d at 768; Glading v. Furman, 282 Md. 200, 202, 383 A.2d 398, 400 (1978); McSherry v. McSherry, 113 Md. 395, 400, 77 A. 653, 655 (1910). Moreover, it is well settled that in order to ext......
  • Altman v. Altman, No. 82
    • United States
    • Court of Appeals of Maryland
    • May 5, 1978
    ...or obligation in favor of the plaintiff, it must have first obtained jurisdiction over the person of the defendant. See Glading v. Furman, 282 Md. 200, 203, 383 A.2d 398 (1978); McSherry v. McSherry, 113 Md. 395, 400, 77 A. 653 (1910). This personal jurisdiction, in turn, may be exercised o......
  • In re Katherine C., No. 32, September Term, 2005.
    • United States
    • Court of Special Appeals of Maryland
    • January 17, 2006
    ...Id. at 222, 557 A.2d at 1343; (citing Sullivan v. Insurance Comm'r, 291 Md. 277, 283-85, 434 A.2d 1024 (1981); Glading v. Furman, 282 Md. 200, 205-07, 383 A.2d 398 (1978); Bernstein v. Bd. of Education, 245 Md. 464, 473, 226 A.2d 243 (1967)). Based on the lack of notice of when the hearing ......
  • Request a trial to view additional results

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