(DOWNLOAD) "De Boom v. Arosa Mercantil" by Fifth Circuit United States Court Of Appeals * Book PDF Kindle ePub Free
eBook details
- Title: De Boom v. Arosa Mercantil
- Author : Fifth Circuit United States Court Of Appeals
- Release Date : January 07, 1980
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 59 KB
Description
This is an appeal from a default judgment entered against the defendants, Arosa Mercantil, S.A. (""Arosa"") and Inversiones Calmer, S.A. (""Inversiones""), for failure to comply with the district court's order compelling answers to interrogatories pursuant to Fed.R.Civ.P. 37. These interrogatories concerned matters relevant to the determination of the court's in personam jurisdiction over defendants. Upon failure to answer, the court refused to consider the defendants' Rule 12(b) motion to dismiss for lack of jurisdiction and entered a default judgment assessing damages against both defendants jointly, severally, and in solido of $1,129,341.93 as a sanction for failure to make discovery. Fed.R.Civ.P. 37(b)(2)(c). The issues on appeal are: 1) whether the district court had personal jurisdiction over the defendants upon which to base the default judgment; and 2) whether the district court abused its discretion in granting a default judgment for over $1,129,000 as a sanction for failure to answer interrogatories. Since we feel that the plaintiffs failed to adequately prove personal jurisdiction, we must reverse, and remand to the district court for further proceedings.