COMPLAINT for modification of a foreign divorce decree filed in the Bristol Division of the Probate and Family Court Department on January 31, 1980.
The case was heard by Rotenberg, J.
After review was sought in the Appeals Court, the Supreme Judicial Court ordered direct appellate review on its own motion.
Barbara A. Lenk for the defendant.
Bruce Bendiksen (M. David Scheinman with him) for the plaintiff.
LYNCH, J. The defendant, Donald W. Tong, appealed to the Appeals Court from a judgment and order of the Probate and Family Court for garnishment of his Navy pension for child support. We transferred the case to this court on our own motion. [Note 1] The appeal presents the questions whether the Probate Court erred in asserting personal jurisdiction over the defendant, a resident of Spain, and whether the court's exercise of quasi-in-rem jurisdiction to reach the defendant's military pension was impermissible. We reverse the judgment of the Probate Court.
The facts are not disputed by the parties. The defendant and the plaintiff, Judith Morrill, formerly Judith Tong, were married in Newport, Rhode Island, on January 20, 1962. The defendant was at that time in the United States Navy; he had formerly been domiciled in New York State. The plaintiff's former domicil was Massachusetts. From the time of their marriage until May, 1962, the couple resided in and was domiciled in Massachusetts. In May, 1962, they moved to Ohio for a brief interval, and then to the defendant's mother's home in New York. The couple's first child was born in Camden, New York, on August 25, 1962. At some time in 1962 the defendant reenlisted in the Navy, and, in November of that year, the couple obtained naval housing in Newport, Rhode Island, where their second child was born on June 27, 1964.
Between July, 1965, and June, 1970, the couple lived in California, where the defendant was stationed during that time. In June, 1970, they returned to Massachusetts for approximately one month. In July, 1970, they purchased a home in Bristol, Rhode Island, in which they lived until the time of their separation in January, 1972. In that year the plaintiff filed an action for divorce in the Rhode Island Family Court. The defendant generally appeared through counsel in the divorce proceeding. A final decree of divorce was entered by the Rhode Island court on May 30, 1973.
By the terms of the decree, the plaintiff was awarded custody of the two children of the marriage, and the defendant was granted reasonable visitation rights. The plaintiff waived alimony, and the defendant was ordered to pay to the plaintiff the sum of $220 a month for the support of the minor children, and to maintain his Navy identification card for the benefit of the children. Subsequent to the entry of the interlocutory decree, the defendant authorized the director of the Navy Family Allowance Activity, located in Cleveland, Ohio, to send the sum of $220 a month to the plaintiff at her current address. The plaintiff was to notify the director of any change in her address.
In November, 1976, the plaintiff and the children moved from Rhode Island to Dartmouth, Massachusetts. The plaintiff continued to receive monthly support payments from the Navy Family Allowance Activity at her Massachusetts address until June, 1979, when the defendant instructed the director to discontinue the payments. On January 30, 1980, the plaintiff petitioned the Probate Court for care, custody, education, and maintenance pursuant to G. L. c. 208, Section 29, [Note 2] and sought an order to the Department of the Navy to divert from the defendant's pension an amount equal to the arrearages on support payments from June, 1979, and $220 a month thereafter until the children reached majority, [Note 3] and such other relief as the court deemed just and proper.
The defendant specially appeared and moved to dismiss the action pursuant to Mass. R. Dom. Rel. P. 12 (b) (2) (1975) and the New Uniform Practices of Probate Courts of Massachusetts, VII, alleging that the court lacked personal jurisdiction over him. [Note 4] The motion was denied and the defendant thereafter filed an answer to each of the paragraphs of the complaint, reciting as affirmative defenses: "1. This Court lacks personal jurisdiction over Defendant . . . who resides in Palma De Majorca, Spain. 2. Plaintiff . . . has intentionally and continuously alienated the children from their father and has intentionally and continuously deprived him of the affection and companionship of his children. Plaintiff . . . comes into this Court with unclean hands." The defendant prayed that the complaint be dismissed and that the court "[o]rder such other relief as [it] shall deem just and proper." The case proceeded to trial, at which time the defendant renewed his motion to dismiss. The trial judge, who had not passed upon the pretrial motion, heard the argument of both parties and took the motion under advisement. At the same time, the judge requested the parties to file an agreed statement of facts pending his decision on the motion. The defendant also filed a motion to report the case in accordance with Mass. R. Dom. Rel. P. 64 (1975). On February 16, 1982, the judge denied the defendant's motions and ordered that his military pension be garnished to pay to the plaintiff an arrearage of $7,040 and to continue monthly support payments of $220.
The defendant submits that the Probate Court judge erred in concluding (1) that the defendant waived his defense of lack of personal jurisdiction, (2) that the defendant's military pension was subject to the court's exercise of quasi-in-rem jurisdiction, and (3) that the defendant had sufficient contacts with the Commonwealth to support the assertion of personal jurisdiction over him. The plaintiff argues that the judge's conclusions were proper in this case, and further claims that, under Mass. R. Dom. Rel. P. 12 (g) and 12 (h) (1) (1975), the defendant has waived the defense of lack of quasi-in-rem jurisdiction by not specifically pleading that defense in his pretrial motion or answer to the complaint.
1. Waiver of the defense of lack of jurisdiction. We turn first to the plaintiff's claim that the defense of lack of quasi-in-rem jurisdiction has been waived. The defendant's motion to dismiss, renewed before a second judge, and his answer to the complaint asserted the defense of lack of personal jurisdiction. A timely motion to dismiss an action pursuant to Mass. R. Civ. P. 12 (b) (2), 365 Mass. 754 (1974), can embrace the defense of lack of jurisdiction over the interest of the defendant in property which may be located here. See J.W. Smith & H.B. Zobel, Rules Practice Sections 12.4 n.27, 12.9 (1974); 5 C.A. Wright & A.R. Miller, Federal Practice and Procedure Section 1351 (1969) (commenting on Fed. R. Civ. P. 12 [b] ); Fish v. Bamby Bakers, Inc., 76 F.R.D. 511, 513 (N.D.N.Y. 1977). Here the motion to dismiss and answer did not set forth any particular assertions respecting that portion of the complaint which sought to have the defendant's military pension garnished, but maintained that the defendant's contacts with Massachusetts were insufficient to support the assertion of jurisdiction over him. During oral argument before the trial judge, however, defense counsel supplied the court with a memorandum of applicable law and argued that the court lacked in personam and quasi-in-rem jurisdiction to order the pension garnished. [Note 5] In these circumstances, the omission of specific reference to quasi-in-rem jurisdiction in the written pleadings did not operate as a waiver of that defense. The court was sufficiently informed of the bases of the defendant's challenges to its jurisdiction when the motion to dismiss was taken under advisement.
The judge viewed the defendant's submission of an answer to the merits of the complaint, filed after the denial of his original motion to dismiss the action for lack of jurisdiction, as a waiver of that defense. Under our current rules of practice, "[n]o defense or objection is waived by being joined with one or more other defenses or objections in a responsive pleading or motion." Mass. R. Civ. P. 12 (b), 365 Mass. 754 (1974). See Ross v. Ross, 371 Mass. 439, 443 n.2 (1976). Further, a defendant who has unsuccessfully challenged the court's jurisdiction over him may proceed to the merits without waiving his right to appellate review of the question of jurisdiction. See J.W. Smith & H.B. Zobel, supra Section 12.9; Walling v. Beers, 120 Mass. 548, 550 (1876). See also Cheshire Nat'l Bank v. Jaynes, 224 Mass. 14, 19-20 (1916); 93 A.L.R. Section 1302 (1934). In the instant case, the judge based his finding of waiver on the defendant's second "affirmative defense," coupled with the prayer for such other relief as the court might deem just and proper. The judge concluded that the defendant had, in effect, "waived any plea to the jurisdiction and [had] appeared generally and thereby submitted to the power and jurisdiction of this Court." [Note 6] We do not agree.
In ruling that the defendant submitted to the jurisdiction of the court, the judge also relied upon our pre-rules decision in Leffler v. Todd, 316 Mass. 227 (1944). It is not necessary for us to analyze carefully that decision for what may well be distinguishing facts. We are not inclined to hold that, because the concluding words of the answer mirrored the concluding words of the complaint by a prayer for such other relief as the court might deem proper, the defendant waived his assertion that the court lacked jurisdiction over him.
2. Exercise of quasi-in-rem jurisdiction. We next consider the judge's ruling that quasi-in-rem jurisdiction provided a basis for ordering that the defendant's military pension be garnished. We need not reach the question whether the judge's ruling in reliance on our decision in Blitzer v. Blitzer, 361 Mass. 780 (1972), satisfies the requirements of the later United States Supreme Court decisions in Shaffer v. Heitner, 433 U.S. 186 (1977), or in Rush v. Savchuk, 444 U.S. 320 (1980), [Note 9] as we conclude that the property on which exercise of quasi-in-rem jurisdiction was predicated was not subject to the exercise of jurisdiction on such basis. The divorce decree ordered the defendant to pay the sum of $220 a month to the plaintiff toward the support of the minor children, and to maintain his Navy I.D. card, so called, for their benefit. The defendant elected to authorize that payments be deducted from his military pension and forwarded from the Navy's Family Allowance Activity headquarters in Cleveland, Ohio, to the plaintiff at an address she could specify. From 1973 until the plaintiff moved with the children to Massachusetts in 1976, the payments were sent to the State of Rhode Island. Presumably the benefits attendant on the defendant's maintenance of his Navy I.D. card were available to the children during that period in the State of Rhode Island. Thus, while the source of the payments remained at all times in Ohio, and the source of the card's benefits remained there or with the defendant (a fact not determinable by the record), the payments and benefits which the judge found to be present in Massachusetts from 1976 to 1979 would have been present to precisely the same extent in Rhode Island from 1973 to 1976. The location of the res on this theory would depend, not upon the actions of the defendant or the presence of his debtor, but upon the transience of the plaintiff. [Note 10] The res had no existence in Massachusetts until her arrival, and would cease to exist here upon her relocation outside our borders. Thus it was error for the judge to base an exercise of quasi-in-rem jurisdiction on the interest of the defendant in his military pension and Navy I.D. card. See generally 4 C.A. Wright & A.R. Miller, Federal Practice and Procedure Sections 1070-1072 (1969 & Supp. 1983).
3. Assertion of jurisdiction over the defendant. Finally, we address the question of the Probate Court's assertion of personal jurisdiction over the defendant. Authority for the assertion of such jurisdiction does not exist in G. L. c. 208, Section 29, and must be found in the provisions of our long arm statute. General Laws c. 223A, Section 3, "asserts jurisdiction over the person to the constitutional limit only when some basis for jurisdiction enumerated in the statute has been established. Although presented with jurisdictional facts sufficient to survive due process scrutiny, a judge would be required to decline to exercise jurisdiction if the plaintiff was unable to satisfy at least one of the statutory prerequisites." Good Hope Indus., Inc. v. Ryder Scott Co., 378 Mass. 1, 6 (1979). See Carlson Corp. v. University of Vt., 380 Mass. 102, 105 (1980); Burtner v. Burnham, 13 Mass. App. Ct. 158, 161-162 (1982); Nova Biomedical Corp. v. Moller, 629 F.2d 190, 192-193 (1st Cir. 1980); A.J. Cunningham Packing Corp. v. Florence Beef Co., 529 F. Supp. 515, 518 (D. Mass. 1982). When the assertion is challenged under Mass. R. Civ. P. 12 (b) (2), it is the plaintiff's burden to establish sufficient facts on which to base jurisdiction. Good Hope Indus., Inc. v. Ryder Scott Co., supra at 3. Whether jurisdiction will be found is a determination sensitive to the particular facts of each case. Id. at 2, and cases cited. Here, the judge based the exercise of jurisdiction on G. L. c. 223A, Section 3 (a) and (c). [Note 11] In Ross v. Ross, 371 Mass. 439 (1976), we said that the reference in c. 223A, Section 3 (a), to "transacting any business" is not limited to commercial activity, and includes "any purposeful acts by an individual, whether personal, private, or commercial" (citations omitted). Id. at 441. There the nonresident defendant had executed a separation agreement several months before a decree nisi of divorce was entered in a Massachusetts Probate Court. Six years later the defendant successfully petitioned the Probate Court to modify the decree, seeking alimony and an increase in child support. In reversing the dismissal of the plaintiff's subsequent action to enforce the terms of the separation agreement, we held that the defendant's invocation of the power of a court of the Commonwealth, and the parties' intention that their agreement should be construed and governed in accordance with Massachusetts law, satisfied the requirement of International Shoe Co. v. Washington, 326 U.S. 310, 316 (1945), that the defendant have "certain minimum contacts with [the State] such that the maintenance of the suit does not offend `traditional notions of fair play and substantial justice.'" Id. at 441. We further held that the defendant's seeking modification of the original support order and counsel fees was a purposeful act which invoked "the benefits and protections of [our] laws. Hanson v. Denckla, [357 U.S. 235,] 253 [(1958)]." Id. at 441-442. See "Automatic" Sprinkler Corp. of America v. Seneca Foods Corp., 361 Mass. 441, 443-444 (1972).
In the instant case, the judge based his assertion of jurisdiction on the monthly support payments sent to Massachusetts for three years, the maintenance of the defendant's Navy I.D. card for the children's benefit, the defendant's letters, gifts, and cards to the children and telephone conversations with them, a letter from the defendant to the plaintiff's lawyer, and the fact that Massachusetts was the first marital home of the parties. We do not think that these circumstances, singly or in combination, meet the requirements of International Shoe Co. v. Washington, supra, and Hanson v. Denckla, supra, so as to justify an assertion of jurisdiction under G. L. c. 223A, Section 3 (a). The support payments and benefits from the I.D. card were sent into Massachusetts, as they were sent into Rhode Island, as a result of the defendant's obligation under the court decree of that State. Indeed, it was the plaintiff who could and did affect a rerouting of the payments from State to State. See Kulko v. Superior Court, 436 U.S. 84, 93-94 (1978). World-Wide Volkswagen Corp. v. Woodson, 444 U.S. 286, 298 (1980), quoting from Hanson v. Denckla, supra at 253. See also Davis v. Davis, 452 F. Supp. 44, 46-47 (E.D. Pa. 1978) (judge predicted, after review of cases under long arm statute [later amended to apply to individuals to full constitutional limits], "that the Pennsylvania appellate courts will not determine that `doing business' includes making payments under a separation agreement, particularly under circumstances where . . . the agreement was executed by the nonresident in [a sister State] and the parties agreed that [the law of the sister State] would be applied to the agreement"). Similarly, the defendant's communications with the children shown in the record (several letters and evidence of gifts, cards, and two telephone conversations) were personal contacts essentially unconnected with the children's residence. We are not in agreement with the judge that by such communications, the defendant "sought to put himself in spirit into the children's home in Massachusetts," thereby availing himself of the benefits and protections of our laws. [Note 12] Cf. Kulko v. Superior Court, supra at 94.
Neither do we view the defendant's letter to the plaintiff's Massachusetts attorney, in which he stated an intent "to go to court if necessary to defend my rights as a father" and said he was "contemplating asking for custody of my children and readjustment of the support requirement if custody isn't possible," as an intentional activity invoking the benefits and protection of Massachusetts law. It is true that a single act within the forum may, in a proper circumstance, be sufficient to warrant the assertion of jurisdiction over a defendant. See, e.g., Van Wagenberg v. Van Wagenberg, 241 Md. 154, cert. denied, 385 U.S. 833 (1966), cited in Ross v. Ross, supra at 442 (execution by defendant of separation agreement in New York, which obligated him to pay extraordinary medical expenses of child, was a transaction of business within that State). See also McGee v. International Life Ins. Co., 355 U.S. 220 (1957), cited in Carlson Corp. v. University of Vt., supra at 106. Here, the defendant's letter, in response to a letter from the plaintiff's attorney concerning the defendant's termination of payments, could not be said to be a purposeful act warranting the exercise of jurisdiction under Section 3 (a) of our long arm statute.
The defendant's two brief stays in Massachusetts, consisting of four months in 1962 and one month in 1970, do not bring him within the reach of G. L. c. 223A, Section 3 (a). [Note 13] Contrast Kennedy v. Kennedy, 10 Mass. App. Ct. 113, 119 (1980) (where parties were born and married in Massachusetts, purchased a home here within two weeks of defendant's departure, and where defendant was a legal and voting resident through the following year, in which separate support order was sought by plaintiff and granted, defendant was subject to the jurisdiction of the Probate Court under G. L. c. 223A, Section 2 [domicil]; acquisition of the home and settling of his family also supported jurisdiction under Section 3 [a]). Compare Bjordahl v. Bjordahl, 308 N.W.2d 817 (Minn. 1981) (court had jurisdiction, by virtue of continuing jurisdiction of Minnesota divorce decree, over defendant who had not resided or transacted business in State for twenty-two years). We conclude that there is no basis for the assertion of jurisdiction over the defendant under G. L. c. 223A, Section 3 (a). Were we to hold otherwise, we doubt that assertion of jurisdiction over the defendant would survive due process scrutiny. Cf. Kulko v. Superior Court, supra.
Having concluded that our long arm statute does not afford a basis for asserting jurisdiction over the defendant, we need not inquire into the constitutional constraints on the exercise of jurisdiction under the statute. See Good Hope Indus., Inc. v. Ryder Scott Co., supra. We acknowledge, however, the reliance of both parties on the recent United States Supreme Court decision in Kulko v. Superior Court, 436 U.S. 84 (1978). In that case, the California Supreme Court upheld the assertion of jurisdiction over a New York defendant based on his causing an effect within the State by an act or omission outside the state, i.e., consenting to one of his children's living in California. [Note 15] The court held that exercise of jurisdiction was "reasonable" as the defendant had availed himself of the benefits and protections of the California laws by sending his child there to live during the school year. The court also found that the defendant reaped a financial benefit from the child's presence in California for nine months of a year. The Supreme Court, deciding the appeal on the basis of "whether the Constitution itself would permit the assertion of jurisdiction," id. at 90 n.4, reversed, holding that as the defendant "did not purposefully derive benefit from any activities relating to the State of California, it is apparent that the California Supreme Court's reliance on [defendant's] having caused an `effect' in California was misplaced." Id. at 96. While we do not today reach an analysis of the due process considerations which would be required by a determination that jurisdiction is authorized by our long arm statute, we note again that the similarities between the circumstances in Kulko and in the present case would suggest the same result here as there. [Note 16] The judgment of the Probate Court is reversed. The case is remanded for an order dismissing the action.
[Note 1] Shortly before oral argument of this appeal, the defendant's counsel, having received a letter of discharge from the defendant, moved to withdraw as counsel. At our instruction, counsel argued as a friend of the court.
[Note 2] General Laws c. 208, Section 29, as amended by St. 1975, c. 400, Section 30, provides: "If, after a divorce has been adjudged in another jurisdiction, minor children of the marriage are inhabitants of, or residents in this commonwealth, the superior court or probate court for the county in which said minors or any of them are inhabitants or residents, upon an action of either parent or of a next friend in behalf of the children, after notice to both parents, shall have the same power to make judgments relative to their care, custody, education and maintenance, and to revise and alter such judgments or make new judgments, as if the divorce had been adjudged in this commonwealth."
[Note 3] At the time the plaintiff brought this action, the children were seventeen and fifteen. When the appeal was docketed in the Appeals Court, the children were nineteen and seventeen. The elder child reached the age of twenty-one and the younger child nineteen while the appeal was pending in this court. No question with respect to the majority of the children has been raised.
[Note 4] The motion averred: "Defendant does not now and has never resided within the Commonwealth. The parties were married and divorced in Rhode Island and the children born to this marriage were not born in Massachusetts. This court lacks the minimum contacts constitutionally required to give it jurisdiction over Defendant." Although the defendant alluded, in argument to the Probate Court and on appeal, to the New uniform Practices of Probate Courts of Massachusetts, VII, the applicability of that provision to the case at bar was not argued, and is not considered by us.
[Note 5] The record does not show whether the memorandum was submitted to the motion judge. However, the renewed motion was identical to the original motion to dismiss. On the question of quasi-in-rem jurisdiction, defense counsel cited Shaffer v. Heitner, 433 U.S. 186 (1977), and Rush v. Savchuk, 444 U.S. 320 (1980), as casting doubt on the validity of quasi-in-rem jurisdiction as an independent basis for the assertion of jurisdiction, and as requiring the minimum contacts analysis enunciated in International Shoe Co. v. Washington, 326 U.S. 310 (1945). Further, defense counsel argued that the military pension was neither located in nor related to Massachusetts.
[Note 6] The plaintiff also urges waiver on the basis of the defendant's failure to preface his answer to the complaint and counsel's certificate of service with language specifically preserving the special nature of the appearance. We reject this argument. The answer asserted that the court lacked jurisdiction over the defendant. See Blitzer v. Blitzer, 361 Mass. 780, 782 (1972).
[Note 7] The plaintiff suggests that, as neither the Federal nor the Massachusetts Rules of Civil Procedure, on which the Massachusetts Rules of Domestic Relations Procedure are based, provide guidance on the question whether an assertion of a claim for affirmative relief waives the defense of lack of jurisdiction, we are properly guided by looking to our earlier decisions and to Federal case law. Cf. 5 C.A. Wright & A.R. Miller, supra Section 1397. See Merz v. Hemmerle, 90 F.R.D. 566, 568-569 (1981); Neifeld v. Steinberg, 438 F.2d 423, 426 (3d Cir. 1971). Relying on Farley v. Sprague, 374 Mass. 419, 423-424 (1978), in which we held that the adjudged construction given the earlier Federal rule is to be given to our rule absent compelling reasons to the contrary, the defendant also cites to us several Federal cases. On our view of the defendant's answer, it is unnecessary for us to discuss the Federal decisions cited by either party.
[Note 8] On appeal the defendant does not argue the applicability of the defense to this action. See Fisher v. Fisher, 349 Mass. 675, 677 (1965). Compare Murphy v. Murphy, 380 Mass. 454, 461 (1980); Holsinger v. Holsinger, 357 Mass. 1 (1970). Our holding is limited to a determination that the defendant's second "affirmative defense" did not constitute a request for affirmative relief.
[Note 9] In Shaffer v. Heitner, 433 U.S. 186 (1977), the Supreme Court invalidated a Delaware statute permitting the Delaware courts to assume jurisdiction by the sequestration of a defendant's property within that State. In holding that the test of fair play and substantial justice employed in in personam jurisdiction should be applied to determine in rem and quasi-in-rem jurisdiction, the Court said: "[J]urisdiction over many types of actions which are now or might be brought in rem would not be affected by a holding that any assertion of state-court jurisdiction must satisfy the International Shoe [Co. v. Washington, 326 U.S. 310 (1945)] standard. For the type of quasi in rem action typified by Harris v. Balk [, 198 U.S. 215 (1905)] and the present case, however, accepting the proposed analysis would result in significant change. These are cases where the property which now serves as the basis for state-court jurisdiction is completely unrelated to the plaintiff's cause of action. Thus, although the presence of the defendant's property in a State might suggest the existence of other ties among the defendant, the State, and the litigation, the presence of the property alone would not support the State's jurisdiction. If those other ties did not exist, cases over which the State is now thought to have jurisdiction could not be brought in that forum." Id. at 208-209.
In Rush v. Savchuk, 444 U.S. 320 (1980), the Court reversed the Minnesota court's upholding, pursuant to the State garnishment statute, of quasi-in-rem jurisdiction over a nonresident defendant by garnishing the contractual obligation of the defendant's insurer, who did business in Minnesota. The Court said: "The insurer's contacts with the forum are attributed to the defendant because the policy was taken out in anticipation of such litigation. The State's interests in providing a forum for its residents and in regulating the activities of insurance companies are substituted for its contacts with the defendant and the cause of action. . . . In other words, the plaintiff's contacts with the forum are decisive in determining whether the defendant's due process rights are violated. Such an approach is forbidden by International Shoe and its progeny." Id. at 332.
[Note 10] That the United States, under 42 U.S.C. Section 659 (1976 & Supp. 1983) is subject to process to enforce child support obligations does not alter the fact that the enforcing court must have jurisdiction to enter a valid judgment and order.
(c) causing tortious injury by an act or omission in this commonwealth." General Laws c. 223A, Section 3 (g), providing for jurisdiction over a party to a marriage contract where the marital domicil was within the Commonwealth for at least one year of the two years prior to commencement of the suit, is not raised in this case, nor could it be.
[Note 12] The plaintiff suggests that, as two of the defendant's letters referred to a trip to Spain which he proposed for one of the children, and which never materialized, the letters related directly to the cessation of payments which occurred soon thereafter. This does not bear upon the determination of whether the defendant's communications, standing alone, constituted the transaction of business under G. L. c. 223A, Section 3 (a). Cf. A.J. Cunningham Packing Corp. v. Florence Beef Co., 529 F. Supp. 515-519 (D. Mass. 1982).
[Note 13] The record does not support the plaintiff's contention that the defendant's domicil in Massachusetts in 1962 actually extended to 1970, uninterrupted by any changes except those required by his military service assignments.
[Note 14] The plaintiff makes a further argument that the termination of support payments was an "affirmative, intentional wrongful act causing injury within this Commonwealth." We rejected this suggested application of G. L. c. 223A, Section 3 (c). See and compare Burtner v. Burnham, 13 Mass. App. Ct. 158 (1982). See also Wood v. Wood, 369 Mass. 665, 672 (1976). We note that the Supreme Court of Illinois recently resolved the question whether the failure to pay child support money constitutes the commission of a tortious act in that State by holding that it would be unreasonable to subject the defendant to the court's jurisdiction in light of the recent United States Supreme Court decision in Kulko v. Superior Court, 436 U.S. 84 (1978). Boyer, 73 Ill. 2d 331, 340-341 (1978). Accord, Duncan v. Duncan, 94 Ill. App. 3d 868 (1981). See also Davis v. Davis, 452 F. Supp. 44, 46 (E.D. Pa. 1978) (long arm statute, providing for jurisdiction over nonresident whose out-of-State action [not omission] causes harm within State, held to require affirmative misconduct and not mere nonfeasance, and not to apply to action to enforce foreign separation agreement for overdue support payments). But see dictum in Bjordahl v. Bjordahl, 308 N.W.2d 817, 819 (Minn. 1981) (prior decision would seem to permit court to consider nonsupport "an act outside the state causing injury or damage inside the state").
[Note 15] The plaintiff and the defendant, New York domiciliaries, had been married in California during a brief stay, had ultimately returned to New York, and had executed a separation agreement there. Under the agreement, the two children of the marriage were to spend the school year with the defendant and specified vacation times with the plaintiff. The defendant would also pay to the plaintiff $3,000 a year for support of the children while they were with the plaintiff. Thereafter, the plaintiff obtained a Haitian divorce which incorporated the separation agreement, and she returned to California. The following year, one child, with the defendant's consent, joined the plaintiff in California for the school year, spending vacation time with the defendant in New York. Approximately two years later the plaintiff arranged for the other child to join her in California. The plaintiff then brought an action in California to establish the Haitian decree as a California judgment, to modify the judgment so as to obtain full custody of the children, and to obtain an increase in child support obligations.
[Note 16] In answer to the plaintiff's final argument, we do not think that the full faith and credit clause, art. 4, Section 1, of the United States Constitution, supplies or eliminates the requirement of jurisdiction in this case. See Restatement (Second) of Conflict of Laws Section 109 (1971).


Home Atlanta Journal-Constitution Photographs Mama's Country Showcase, Belvedere Park, Georgia, January 9, 1993.
Mama's Country Showcase, Belvedere Park, Georgia, January 9, 1993.
Title Mama's Country Showcase, Belvedere Park, Georgia, January 9, 1993.
Description Negative envelope (AJCNS1993_01_09) identifies photographer Eric Lesser: "3952 Covington Highway, just inside I-285, -- Mama's Country Showcase. Need atmospheric shots for Leisure club story showing immensity, diversity of building and enormous crowd."
Citation AJCNS1993_01_09b, Atlanta Journal Constitution Photographic Archives. Special Collections and Archives, Georgia State University Library.


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text:
Four receive inaugural Nursing Shining Star Awards
By Jake Russell
/ Published Nov 2012
Four nursing superstars—a faculty member, a student, and two Johns Hopkins Health System nurses—are the inaugural winners of the Johns Hopkins Nursing Shining Star Awards.
The awards were bestowed during An Evening With the Stars, a celebration held Sept. 29 under the stars in the courtyard of the School of Nursing's Anne M. Pinkard Building. Five others were recognized as runners-up.
The nurses were nominated by their peers at the School of Nursing and Johns Hopkins-affiliated hospitals, chosen as finalists by each institution's leadership, and selected as winners by a committee of nurse leaders.
Faculty winner Kathryn Kushto-Reese, a clinical instructor in Acute and Chronic Care, coordinates two baccalaureate nursing courses and works to develop and implement the School of Nursing's Simulation program. She's known for her dedicated mentorship of new faculty members, and "her ability to teach her students in a manner that inspires is a true gift in academia." The runner-up is Kathleen Becker, an assistant professor in Community-Public Health and a nurse practitioner at Health Care for the Homeless.
The baccalaureate student finalist was recognized for her tireless work promoting women's health. She is an advocate for women experiencing domestic violence (her name is unpublished because she is a survivor herself) and leads the school's Birth Companions Program, assigning student peer birth companions to assist pregnant Baltimore women before, during, and after giving birth. Her nominator described her as a leader for her peer birth companions and "a true patient advocate, empowering patients to make their own decisions about labor and birth." The runner-up is Rebecca Coppola, a graduate student in the MSN/MPH program, who serves as leader of the school's Graduate Student Organization.
Health System winners are Sherry Belcher, a clinical leader in the emergency center at All Children's Hospital; and Deborah Michell, a nurse clinician in Medical Nursing at The Johns Hopkins Hospital, who coordinates care for complex HIV/AIDS patients. Runners-up are Lori Keim, a nursing informatics associate at Sibley Memorial Hospital; Kathy Lee-Wisdom, a wound care nurse at Howard County General Hospital; and Chona Umali, an oncology staff nurse at Suburban Hospital.
Posted in University News
More from the November 2012 issue
Published Nov 2012
/ Gazette

redpajama_set_name: RedPajamaCommonCrawl


11. Is continental warming a slave to warming of the ocean surface?
Annual mean surface air temperature response to a doubling of CO2. Upper left: equilibrated atmosphere/land response (GFDL AM2.1/LM2.1) with fixed seasonally varying sea surface temperatures (SSTs) and sea ice. Other plots are coupled model (CM2.1) responses in a single realization with CO2 increasing at 1%/year till doubling (year 70) then held fixed. Upper right — average over years 60-80, around the time of doubling; lower left — years 160-180; lower right — years 580-600. Contour interval is 0.5C in upper left and 1C elsewhere. Colors same in all plots.
Returning to our discussion of the time scales of the climatic response, it might be useful to take a closer look at the evolution of the warming in a GCM for the standard idealized scenario in which, starting from an equilibrated state, CO2 is increased at 1% per year until it doubles and is then held fixed. This plot shows the results from our CM2.1 model.
I want to focus especially on the upper left panel; the other panels are mainly included here to provide context. The upper left panel is not generated from the fully coupled model, but from the atmosphere/land components of this model in isolation, holding the sea surface temperature (SST) and sea ice distribution fixed at their unperturbed climatological seasonal cycles, while doubling the CO2. This model equilibrates to a change in CO2 in a couple of months (there is no interactive vegetation or even permafrost in this model, both of which would create the potential for longer time scales regionally). The response depends on the season, so one has to integrate for at least a year before this annual mean pattern emerges. We might call this the ultra-fast response, distinguishing it from fast (oceanic mixed layer), slow (oceanic interior), and ultra-slow (anything slower than the thermal adjustment time of the interior ocean, such as aspects of glacier dynamics). One can visualize this as the first step in the response, but one that is evidently dramatically modified over time by the ocean warming and sea ice retreat.
(To think about this atmospheric relaxation time scale: the heat capacity at constant pressure of air is 103 J/(Kg C), and multiplying by the mass of a tropospheric column of about 8 x 103 Kg/m2 gives a heat capacity for the column of 8 x 106 J/(m2 C); with a radiative restoring strength of 2 W/(m2 C) we get a relaxation time of 4 x 106 s or roughly a month and a half).
2-3 x 106 m. This is pretty crude and a little low, especially in the zonal direction, for which mean winds contribute to the transport . (Jerry North and others have looked extensively at diffusive atmospheric models in which the land-ocean geometry enters only through a spatially-varying heat capacity — for example, here). So this GCM's response with fixed SSTs is more or less as expected — the atmosphere's radiative relaxation time scale and the time it takes to mix from the oceans to the continental interiors are of comparable magnitude, so the warming over much of the land surface is tightly coupled to the oceanic warming.
Using a GCM, can we regenerate the land temperature record from the ocean record using observed SSTs and sea ice distribution as a boundary condition? This is not simply a question of "turbulent diffusion" by the atmosphere but also of wave-like "teleconnections" propagating away from regions of tropical convection that are altered by the pattern of tropical warming. Compo and Sardeshmukh, 2009 provide a recent discussion, strongly supporting the strength of the oceanic constraint on land temperature trends. So there does seem to be considerable redundancy between the observed land and ocean records of temperature trends. This does not make the land record any less important. Redundancy is critical when data sets and models are imperfect.
for use in the simple energy balance model described in post #3. There are things that happen on this ultra-fast time scale in response to the increase in CO2 other than the modest warming in the continental interiors, one of the most important being that the stratosphere cools. If one tries to compute radiative forcing without taking into account the stratosphere cooling, one has to deal with a big difference between the energy imbalance between the TOA and the tropopause — this imbalance being precisely what causes the cooling. But focusing on the flux imbalance at the tropopause is a bit awkward, partly because the definition of the tropopause can be fuzzy. It can be simpler to just let the model adjust the stratosphere as it sees fit, then see how much energy is flowing into the system. This is an essential feature of the classical 1-D radiative convective model. In a GCM, fixing the SSTs and sea ice is a simple approximate way to do the same thing. It seems to have the drawback that one is allowing the land to adjust a bit — and other things happen to the hydrological cycle as well — introducing some model-dependence into the definition of forcing. But why allow some of the ultra-fast adjustment to occur (the stratospheric part) and not others? Defining a "forcing" before the TOA, tropopause, and surface ocean fluxes come into agreement can be confusing — for many purposes it is simpler to wait for the ultra-fast adjustment to occur to bring these three in line.
This is a great blog, please continue to write it! Just to check that I understand this post, I'll try to reformulate it.
You split the model into several parts, according time scale. The first part is the ultrafast response. This is weak, but it's output of it will drive everything that comes after it. A complication is that the ultrafast response depend on SST and ice cover, which changes over the next time scale. What you discuss in the first part of this post is this modulation. Given on the one hand a forcing (the CO2-level), and on the other hand a SST+sea ice cover level, we can produce a temperature map like figure 1, upper left.
In the second part, which occurs at a larger time scale, convection is cleverly modelled as diffusion. Presumably, there is some differential equation formulation of this, so that given SST+ice cover and a temperature map (generated by the procedure in the previous step), we can compute the time derivative of SST and the sea ice cover. For this we would probably only need the part of that map the covers the oceans.
After centuries, this leads to an equilibrium. From figure 1, it seems that the equilibrium response is almost an order of magnitude bigger than the ultrafast response.
Two questions. I'm wondering how sensitive this procedure is to variations in the ultrafast response. If the eventual response (the equilibrium) is linear in the output of the fast response (this is not obvious), a small pertubation of the ultrafast response would be hugely amplified in the equilibrated state.
I also assume that the model used incorporates responses up to the "slow", but does not take the "ultra-slow" effects into account. Is that correct?
You should not think of this ultra-fast response as driving the rest of the response. The latter should, I think, be thought of as driven by the radiative forcing left over after the ultra-fast adjustment. It would be of interest to compare the magnitude of ultra-fast responses in different models (for example, there are results described in the literature which suggests that ultra-fast cloud responses differ among GCMs), but I would not expect the magnitude of the TCR or equilibrium response to be correlated with the magnitude of the ultra-fast response across models.
You are right that the model being examined here has no "ultra-slow" physics.
Thanks! That was very enlightening to me. Nothing is more educational than making a stupid mistake, and having it pointed out.
So the take home message is that the ultrafast response is not that important for the long term trend? I believe that this goes against a quite common (mis-)conception. But I do understand the logic in it. Part of the forcing will go to the ultrafast response, but the bigger part of the forcing will be used to increase the sea surface temperature and to some extent to melt sea ice. Those effects will not immediately show up on the thermometers, but they are crucially important for the long term temperature trend, and they should eventually control the land temperature.
The way I'm thinking about this at the moment, we are trying to understand the long term behaviour of a complicated model (CM 2.1) by simpler approximations to it. This is essentially a mathematical problem. In the last sentence of the blog post, you suggest to "wait for the ultra-fast adjustment". That sounds like a part of the approximation procedure. The ultra-fast response does somehow modify the forcing provided by the doubling of CO 2. Is there a way of quantifying that statement while staying in the world of the CM 2.1 model?
Marcel, I think we are on the same page now. One can define "forcing" due to doubling of CO2 by doing the calculation in the upper left panel and just setting the forcing equal to the net energy input at the top of the atmosphere. This is not the only way to define "forcing", but it is simple and convenient when trying to emulate GCM behavior with an energy balance model. Hansen et al (2005) compares this estimate of forcing with others in a particular model.
Isaac: The experiment for the upper-left panel may under-estimate the role of land-surface warming in global-scale warming because it may suppress the water vapor feedback by fixing SST and the role of changes in horizontal energy and water vapor transport in the atmosphere. The about 1 degree warming in the interior part of the continents is close to the warming directly due to radiative forcing itself. But the warming smaller than 1 degree should be due to the changes (decrease) in horizontal energy (water vapor) transport between the atmosphere over land and that over the ocean. I guess there may be a negative water vapor feedback over those areas with warming of about 0.5 degree.
I would suggest a different experiment that there are doulbing of CO2 over continents only, but the experiment allows the SST changes as in fully coupled GCM. I guess in this supposed experiment the fast land warming should be larger than that in upper left panel.
The calculation that you suggest, allowing CO2 to increase only over land and letting the ocean and sea ice as well as the land respond, is very different from the one that leads to the upper left figure. My guess would be that it would result in about 1/3 of the response to all of the CO2, simply because you only have radiative forcing over 1/3 of the surface. The land/ocean warming ratio would be a bit larger than in the normal calculation, but not by that much because of efficient horizontal mixing.
I don"t follow your interpretation of the fixed SST/sea ice calculation. The warming of less than 1K in most land areas is not due to negative water vapor feedback (I suspect that everything here can be understood to first approximation by holding relative humidity fixed) but just due to the strength of the mixing of air from the oceans, where the temperatures are pegged. The strength of the mixing wanes as one moves to the continental interiors, where the effects of the radiative perturbation are then felt a bit more strongly. My point is simply to note that the weakness of this response over land with SSTs/ice fixed implies that most of the warming over land in the freely evolving model is tied directly to the SST increase and sea ice withdrawal. The calculation that you suggest is interesting, but does not address the same question.
Thanks. I also realized it should be about 1/3 of total 2XCO2 response after I posted the comment.
I also agree that the mixing of the air from oceans important for the smaller warming, and " that the weakness of this response over land with SSTs/ice fixed implies that most of the warming over land in the freely evolving model is tied directly to the SST increase and sea ice withdrawal".
My water vapor argument was mainly related to the water vapor supply from the oceans in the fixed SST/ice simulation which may be reduced due to the decrease in evaporation over oceans – In the the fixed SST/ice experiment the air temperature over oceans will still be increased due to the 2XCO2 forcing, then relative to fixed SST, the evaporation will decrease due to the decreased sea-air temperature difference. But this indirect effect may be smaller than the direct waning effect of the mixing.
A bit off the main theme of this post…but I couldn't help but notice the area in the North Atlantic of little or no warming under the 2X CO2 scenario. It seems to shrink somewhat over time but does not disappear even after 580-600 years. Is this due to a slowdown in the thermohaline circulation or something else…and is it seen in many other models too?
Yes, this model has a substantial slow down in its northward heat flux by the Atlantic ocean circulation during a period of transient warming.
Isaac: The central Figure of this post (top left) simply illustrates the critical importance of energy flux in the oceans. The top few meters (3?) of the oceans have the same heat capacity as the entire atmosphere. We have excellent data showing how the temperature of the oceans responds to seasonal changes in insolation. How well to models replicate the seasonal energy flux in the oceans and what does this suggest about their reliability over longer periods?
It not just the heat capacity (which is effectively assumed to be infinite in the calculation that generates the upper left plot), but also the strength of the horizontal mixing within the atmosphere, that determines what the figure in the upper left looks like.
The number is 2.4 m of water = heat capacity the atmosphere (at constant pressure).
And, yes, many of the details of the seasonal cycle, including that of heat uptake by the oceans, are important tests for climate models.
In 1910-1945, the SST increased by 0.41°C and the 1975-2010's SST increased by 0.39°C.
But in 1910-1945 the land temperatures increased by only 0.30°C while on 1975-2010 they increased by 0.73°C.
How do you explain these increases different of land temperatures with the same SST increases?
If all that is going on were the forced response to the well-mixed greenhouse gases, then I would expect these proportions to be pretty constant with time — climate evolution would then be self-similar. The extent to which it is not self-similar is our best evidence that more than one thing is going on, either internal fluctuations or other forced responses with different structures, in addition to the forced response to well-mixed greenhouse gases.
It is not entirely clear to me.
If the land is the slave of the oceans, it is a slave regardless of the cause of warming.
If the oceans are warming of 0.5 ° C due to climate variability (assuming that's possible) or if they are warmed by 0.5 ° C following the CO2, the effect on land is the same or not?
That is, the contrast LO is a signature of recent warming or not?
That's why I asked you the question for the period 1910-1945.
A good question. A large part of the answer, I think, is the distribution of land and the distribution of the forcing with latitude. For example, there is relatively little communication between the two hemispheres on the 1-2 month atmospheric radiative relaxation time scale — it takes 1-2 years to begin to homogenize a tracer between the two hemispheres. So forcing concentrated in the Northern Hemisphere will naturally have more impact on land. To a lesser degree, this works within a hemisphere as well. This isn't the whole story. Differing atmospheric dynamics at different latitudes come into play as well; the simple diffusive picture with uniform diffusivity is just a starting point for thinking about these things. Hope this helps.
Rereading this post, I am confused about some of the aspects of heat transfer going on in the upper left panel simulation. I didn't realize at first that the fixed SST condition implied any heat transfer into the ocean. I was imagining a reflective boundary of sorts I guess. I guess what in fact is going on is that the ocean is modeled as an infinite heat sink with an infinite thermal conductivity (all heat transferred to the ocean is just "lost" to the model). By contrast the land system (if included at all) would have a small heat capacity and a very low thermal conductivity, to make the scenario happen. By doing this, the atmosphere can act as it should; i.e. air parcels exchange heat with the surface as they move along it. Is this close to correct?
Right, if you fix the temperature, as over the ocean here, you have to let the flux adjust to be consistent with that temperature — if you fix the flux (which is effectively zero over land) you have to let the temperature adjust to be consistent with that flux.
Isaac, I wonder if you could take a look at a question I have about fixedSST simulations.
The longwave warming of 0.26Wm−2 is mainly from the contribution in the clear sky, which is caused in part by cooling over land surface (surface temperature over land decreases by 0.34 K) and therefore less thermal emission from land.
This +0.26Wm-2 longwave flux compares to a total net flux of -1.05Wm-2. The global land temperature change quoted here is essentially the same as you report for a 2xCO2 perturbation. Is this surprising in the fixedSST setup given the ~3x greater forcing? I had a couple of thoughts: 1) As you talk about in the post, it's difficult for land to warm very far without the ocean. Does this mean smaller forcings can typically cause about as much land warming as large forcings? 2) Surface forcing of aerosols is very large, which may substantially enhance surface temperature change in a fixedSST setup.
Do either of these make sense as explanations?
Presumably the fixed SST response over land per unit radiative forcing is quite a bit larger for aerosols than for CO2. (A related question is the extent to which it is possible to constrain the aerosol forcing with prescribed SST simulations.) I am always reluctant to presume that there is nonlinearity in this kind of model response until it is carefully demonstrated. I suspect that nonlinearity is not a dominant effect in fixed SST simulations.


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Nation at a Glance - Georgia
The region of present day Georgia contained the ancient kingdoms of Colchis and Kartli-Iberia. The area came under Roman influence in the first centuries A.D., and Christianity became the state religion in the 330s. Domination by Persians, Arabs, and Turks was followed by a Georgian golden age (11th-13th centuries) that was cut short by the Mongol invasion of 1236. Subsequently, the Ottoman and Persian empires competed for influence in the region. Georgia was absorbed into the Russian Empire in the 19th century. Independent for three years (1918-1921) following the Russian revolution, it was forcibly incorporated into the USSR in 1921 and regained its independence when the Soviet Union dissolved in 1991.Mounting public discontent over rampant corruption and ineffective government services, followed by an attempt by the incumbent Georgian Government to manipulate parliamentary elections in November 2003, touched off widespread protests that led to the resignation of Eduard SHEVARDNADZE, president since 1995. In the aftermath of that popular movement, which became known as the "Rose Revolution," new elections in early 2004 swept Mikheil SAAKASHVILI into power along with his United National Movement (UNM) party. Progress on market reforms and democratization has been made in the years since independence, but this progress has been complicated by Russian assistance and support to the separatist regions of Abkhazia and South Ossetia. Periodic flare-ups in tension and violence culminated in a five-day conflict in August 2008 between Russia and Georgia, including the invasion of large portions of undisputed Georgian territory. Russian troops pledged to pull back from most occupied Georgian territory, but in late August 2008 Russia unilaterally recognized the independence of Abkhazia and South Ossetia, and Russian military forces remain in those regions.Billionaire philanthropist Bidzina IVANISHVILI's unexpected entry into politics in October 2011 brought the divided opposition together under his Georgian Dream coalition, which won a majority of seats in the October 2012 parliamentary elections and removed UNM from power. Conceding defeat, SAAKASHVILI named IVANISHVILI as prime minister and allowed Georgian Dream to create a new government. Georgian Dream's Giorgi MARGVELASHVILI was inaugurated as president on 17 November 2013, ending a tense year of power-sharing between SAAKASHVILI and IVANISHVILI. IVANISHVILI voluntarily resigned from office after the presidential succession, and Georgia's legislature on 20 November 2013 confirmed Irakli GARIBASHVILI as his replacement. GARIBASHVILI was replaced by Giorgi KVIRIKASHVILI in December 2015. KVIRIKASHVILI will remain Prime Minister following Georgian Dream's success in the October 2016 parliamentary elections, where the party won a constitutional majority. These changes in leadership represent unique examples of a former Soviet state that emerged to conduct democratic and peaceful government transitions of power. Popular and government support for integration with the West is high in Georgia. Joining the EU and NATO are among the country's top foreign policy goals.
Location: Southwestern Asia, bordering the Black Sea, between Turkey and Russia, with a sliver of land north of the Caucasus extending into Europe; note - Georgia views itself as part of Europe; geopolitically, it can be classified as falling within Europe, the Middle East, or both
Border Countries: Armenia 219 km, Azerbaijan 428 km, Russia 894 km, Turkey 273 km
Climate: Warm and pleasant; Mediterranean-like on Black Sea coast
Terrain: Largely mountainous with Great Caucasus Mountains in the north and Lesser Caucasus Mountains in the south; Kolkhet'is Dablobi (Kolkhida Lowland) opens to the Black Sea in the west; Mtkvari River Basin in the east; fertile soils in river valley flood plains and foothills of Kolkhida Lowland
Natural resources: Timber, hydropower, manganese deposits, iron ore, copper, minor coal and oil deposits; coastal climate and soils allow for important tea and citrus growth
Land use: Agricultural land: 35.5% arable land 5.8%; permanent crops 1.8%; permanent pasture 27.9% Forest: 39.4% Other: 25.1% (2011 est.)
Ethnic groups: Georgian 86.8%, Azeri 6.3%, Armenian 4.5%, Other 2.3% (includes Russian, Ossetian, Yazidis, Ukrainian, Kist, Greek) (2014 est.)
Languages: Georgian (official) 87.6%, Azeri 6.2%, Armenian 3.9%, Russian 1.2%, Other 1%
Religions: Orthodox (official) 83.4%, Muslim 10.7%, Armenian Apostolic 2.9%, Other 1.2% (includes Catholic, Jehovah's Witness, Yazidi, Protestant, Jewish), None 0.5%, Unspecified/no answer 1.2% (2014 est.)
Administrative divisions: 9 regions (mkharebi, singular - mkhare), 1 city (kalaki), and 2 autonomous republics (avtomnoy respubliki, singular - avtom respublika)
Economy: Georgia's main economic activities include cultivation of agricultural products such as grapes, citrus fruits, and hazelnuts; mining of manganese, copper, and gold; and producing alcoholic and nonalcoholic beverages, metals, machinery, and chemicals in small-scale industries. The country imports nearly all of its needed supplies of natural gas and oil products. It has sizeable hydropower capacity that now provides most of its electricity needs. Georgia has overcome the chronic energy shortages and gas supply interruptions of the past by renovating hydropower plants and by increasingly relying on natural gas imports from Azerbaijan instead of from Russia. Construction of the Baku-Tbilisi-Ceyhan oil pipeline, the South Caucasus gas pipeline, and the Baku-Tbilisi-Kars railroad are part of a strategy to capitalize on Georgia's strategic location between Europe and Asia and develop its role as a transit hub for gas, oil, and other goods. Georgia's economy sustained GDP growth of more than 10% in 2006-07, based on strong inflows of foreign investment, remittances, and robust government spending. However, GDP growth slowed following the August 2008 conflict with Russia, and sunk to negative 4% in 2009 as foreign direct investment and workers' remittances declined in the wake of the global financial crisis. The economy rebounded in the period 2010-17, but FDI inflows, the engine of Georgian economic growth prior to the 2008 conflict, have not recovered fully. Unemployment remains persistently high. The country is pinning its hopes for faster growth on a continued effort to build up infrastructure, enhance support for entrepreneurship, simplify regulations, and improve professional education, in order to attract foreign investment and boost employment, with a focus on transportation projects, tourism, hydropower, and agriculture. Georgia had historically suffered from a chronic failure to collect tax revenues; however, since 2004 the government has simplified the tax code, increased tax enforcement, and cracked down on petty corruption, leading to higher revenues. The government has received high marks from the World Bank for improvements in business transparency. Since 2012, the Georgian Dream-led government has continued the previous administration's low-regulation, low-tax, free market policies, while modestly increasing social spending and amending the labor code to comply with International Labor Standards. In mid-2014, Georgia concluded an association agreement with the EU, paving the way to free trade and visa-free travel. In 2017, Georgia signed Free Trade Agreement (FTA) with China as part of Tbilisi's efforts to diversify its economic ties. Georgia is seeking to develop its Black Sea ports to further facilitate East-West trade.
Agriculture - products: Citrus, grapes, tea, hazelnuts, vegetables; livestock
Industries: Steel, machine tools, electrical appliances, mining (manganese, copper, gold), chemicals, wood products, wine


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Meeting together to share as a community is very important to us. We have whole school assemblies on Mondays and Fridays where we celebrate achievements and welcome visitors into Fairway. We have a variety of people come and share with us from local and faith communities. All visitors are DBS checked and adhere to our ethos and values. Recent visitors have included Birmingham City Mission and Kings Norton Baptist Church. We are also pleased to have worked with SACRE on interfaith celebrations and dialogue.


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Kelly Lyell
kellylyell@coloradoan.com
Mike Bobo is going to keep a secret from University of Colorado football coach Mike MacIntyre involving who the Rams will start at quarterback when the two teams meet Sept. 2 in Denver.
Take that Buff fans.
"I don't know that I'm going to name a starter," Bobo said Wednesday. "I'll know by Monday who I'm going to start, but I probably won't let Coach MacIntyre and them know who we're starting."
RAM CHIC: Colorado State unveils new football uniforms for 2016
Bobo said all three contenders – junior Nick Stevens, graduate transfer Faton Bauta and true freshman Collin Hill – are all doing good things in practice. But none of the three have yet seized the job by separating himself from the pack.
Bobo said all three quarterbacks made some mistakes in an Aug. 11 scrimmage, and that "some of them" also made some good decisions that day. The Rams will hold another scrimmage Saturday, and Bobo expects to know who his starter will be by the time he reviews video of that session.
"I'm waiting for somebody to step up," he said. "We haven't had enough consistent play to say, 'Hey, thi is the guy, and I want him to lead this football team for the 2016 season.'
"… I want somebody to step up and say, 'It's my football team.' And you do that with your play and you do that with how you make other guys better around you. It could be a check in the run game, protection. It could be just putting balls in tough, tough situations or not forcing a ball downfield. There's a lot of things that go into that."
CSU FOOTBALL: Can receivers emerge from Higgins' shadow?
Stevens was the Rams' starter last season, throwing for 2,679 yards and 21 touchdowns with 12 interceptions while leading Colorado State University to a 7-6 season and third consecutive bowl game.
Bauta, a senior, spent the past four years as a backup QB at Georgia, serving as the holder for point-after touchdowns and field goals last season but playing quarterback for just one game, a 24-3 loss to Florida. He completed 15 of 33 passes for 154 yards with four interceptions.
Hill put himself into the competition by graduating a semester early from Dorman High School in Moore, South Carolina, so he could take classes at CSU last spring and participate in spring drills. He was a two-time all-state, all-area and all-region selection.
MORE WALK-ONS EARN SCHOLARSHIPS: Bobo awarded scholarships for the 2015-16 school year to two more walk-ons, senior safety Eric Williams and senior receiver Robert Ruiz.
Williams was a special-teams standout, playing on the kickoff, kickoff return, punt and punt return teams in 2014 but missed most of last season with a knee injury. Bobo expects Williams, a former running back, to play a key role on special teams again this season.
Ruiz suffered a season-ending knee injury during fall camp a year ago and missed the entire season. He was getting a lot of work at the slot receiver position with the Nos. 1 and 2 offenses when he was hurt. Ruiz could be the Rams' top punt returner this season, Bobo said.
Bobo told players Monday night that he was putting junior defensive lineman Jakob Buys on scholarship.
"You want to reward guys that, like I said earlier about Jakob, are going to play a key role on your team," Bobo said.
ON THE MEND: Bobo hopes to have two of the team's four injured noseguards practicing again next week. Redshirt freshman O'Shea Jackson is recovering from a sprained ankle but could be back in time to participate in Saturday's scrimmage, Bobo said. And true freshman Christian Colon, who has yet to practice because of a stress fracture in his right foot, might be good to go by Monday, the coach said.
DAY OFF: The Rams will have a day off Thursday to join other CSU student-athletes in helping freshmen move into their dorm rooms. They'll be back on the practice field for two sessions Friday and a scrimmage Saturday, then get another day off Sunday.
Follow reporter Kelly Lyell at twitter.com/KellyLyell and facebook.com/KellyLyell.news
Coaches pick CSU to win Mountain West volleyball title


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By TBY | UAE | Aug 15, 2017
Already less dependent on oil exports than its neighbors, heavy investment in renewables has Dubai well positioned to achieve a stable energy future.
Oil revenues brought Dubai out of the desert to become one of the world's most stunning cities, but the Emirate understands that the nation's future lies with alternate energy sources. Oil is finite, after all, and recent fluctuations in global oil prices have made readily apparent the need to diversify and develop alternate sources of energy and industrial revenue. Already blessed with deep pockets and a forward-thinking government, Dubai is well positioned to become a leader in the next generation of MENA industry. A series of strategic plans and alternative energy projects are already underway, paving the way for a bright future.
REDUCED RELIANCE ON OIL
Oil makes up a smaller proportion of Dubai's revenue than outsiders might expect considering the UAE's reputation as an oil exporter. While the UAE was the world's seventh-largest oil producer as of 2016, the share of GDP and revenue coming from oil exports has fallen in recent years with the drop in oil prices. As of 2014, 35% the UAE's tax revenues and 36.8% of its exports came from the oil industry, and this rate is expected to fall in the future in concert with declining oil prices. While the UAE's oil revenue proportion might seem high, it is actually already a leader within the GCC in terms of diversifying its economy; as of 2014 it was the only oil-exporting Arab country for which oil wasn't a main export good, and its economic diversity as measured by the IMF's economic complexity index was ranked as one of the best in the region. If the UAE as a whole has been making strides in moving away from oil dependence through economic diversity, Dubai stands out as the strongest success case within the UAE. While still heavily involved in the petroleum industry, it is actually a net oil importer, consuming more gas and oil than it produces. The UAE as a whole has set a goal to limit oil's share of GDP growth to 20% by 2020, and the growth of Dubai's tourism and services sectors over the last decade has resulted in just 6% of government revenue coming from oil in 2016. A similar proportion is expected in 2016; though revenue overall is expected to decline, Dubai's government still anticipates oil revenue to remain steady at 6% of revenue.
Renewables are one of the foundational elements of Dubai's future energy plans. In 2015, Dubai's government announced the launch of the Dubai Clean Energy Strategy 2050 plan, a sweeping structural investment blueprint that calls for more than USD163 billion in renewables investment by the middle of the century. The plan calls for 7% of Dubai's power output to come from clean energy by 2020, 25% by 2030, and 75% by 2050. The government's goals are for 44% of energy to come from renewable sources, 38% from gas, 12% from clean fuels, and 6% from nuclear energy, making Dubai the city with the smallest carbon footprint in the world.
One of the core projects for the Emirate's energy strategy is the Mohammad Bin Rashid Al Maktoum Solar Park at Al Marmoum. Once completed in 2030, the USD13.6 billion park will be the largest single solar project in the world, with a planned capacity of 5,000MW that will be enough to power 800,000 homes. Construction began in 2012, and the first two phases of the solar park began operational in 2013 and 2016, bringing more than 2,000MW of energy to the grid. The third phase, to be completed in 2030, has begun construction and will bring 800MW to the grid once completed. The original plan for the project called for capacity of 1,000MW once completed, but the rapidly falling cost of solar energy has led to an expansion of the project beyond what any outside observers foresaw. The cost of solar panels has more than halved since the solar park was inaugurated, and energy production from the second phase was the cheapest in the world at only USD0.0584 cents per kWh. With prices expected to continue to drop, the Dubai government is planning to turn the Mohammed bin Rashid Al Maktoum solar park into a hub not just for electricity production, but for renewables innovation. Current plans call for the construction of innovation and research and development centers on the grounds of the solar plant, where some of the renewables sector's leading minds will use data from the plant to improve energy technology by improving reliability and efficiency. Dubai also anticipates the innovation center becoming a hub for solar education, spreading awareness and linking some of the world's top renewables researchers.
The aforementioned solar plant is the largest infrastructure project planned for the Clean Energy Strategy, but the Emirate's green fund has more than USD27 billion earmarked for other green fuels, and work is well underway on developing alternative sources. In 2013, for example, Dubai began the GCC's largest landfill gas recovery project at the Al Qusais landfill. The largest landfill in Dubai, Al Qusais receives more than 7,000 tons of waste per day, generating significant amounts of methane. Energy firm Green Energy Sustainability Solutions (GESS) installed almost 25km of pipe under the site to collect the pressurized gas, funnel it to a production site, and burn it to power an electric engine. The total amount collected isn't on the same scale as a solar plant, but GESS CEO Anita Nouri sees the project as an important step in solving Dubai's long-term environmental and energy problems. "All of the landfill sites in the entire MENA region are emitting gas, which is 60% methane and causing tremendous harm to our environment," Nouri told TBY. "De-gassing all landfills is a must and using that gas to produce electricity is a natural step." Nouri believes that there is still considerable educational and incentive work to be done, but the project is already making international waves. Aside from providing clean energy, the landfill gas program is registered under the United Nations' Clean Development Mechanism, making it eligible for global carbon credits programs. By keeping more than 300,000 tons of greenhouse gasses out of the atmosphere each year, GESS receives carbon credits that can be traded internationally or used to fund additional projects. 2016 saw GESS receive a check for USD96,423 for selling some credits to the Norwegian government to offset its carbon footprint.
While energy production is getting cleaner and more efficient, Dubai's green energy plan also calls for reductions on the demand side as well. The government is taking steps to dramatically reduce the energy used by the cooling systems that account for two-thirds of all building energy consumption. One new strategy is district cooling, which cools buildings by running water from an centralized location to increase efficiency. HE Ahmad M. Bin Shafar, CEO of Empower, Dubai's largest cooling firm, believes that the energy-saving benefits of the Emirate's district cooling system make it a key part of Dubai's energy initiatives. "District cooling is the future of energy in Dubai," Shafar told TBY. "It is one of the main pillars of all industrial applications in Dubai now and wherever you go you will find water and electricity derived from district cooling." As the district cooling sector develops rapidly, one of the key issues facing the sector is the distribution of capital costs. The lack of clear industry guidelines has at times led to increased consumption, but the introduction of meters for individual apartments and the impending arrival of a governmental regulatory framework have the sector ready to attain a new stability. Success in this area also has significant financial implications; IMF figures estimate that the UAE's energy subsidies cost it USD29 billion annually. With demand expected to continue rising by 9% per year in Dubai, the increased efficiency district cooling brings will be essential to the future of the Emirate.
Dubai's energy industry has also taken on a more significant role in recent years. The Emirate is using its position as a global hub for trade and logistics to set up industrial zones integrated into its preexisting logistical structures, building a sustainable framework well-positioned to be a major part of the economy for years to come. June 2016 saw Dubai launch its Industrial Strategy 2030 initiative, which identified as its central goal turning the Emirate into a "global platform for knowledge-based, sustainable, and innovative industries." The plan identified six industrial sectors of particular importance to the future of Dubai: aerospace, maritime, pharmaceuticals, aluminum and fabricated metals, fast moving consumable goods, and machinery. These six industries already have well-established ties with Dubai firms (Emirates Airlines, for example, is a global aviation leader) and their continued development is a natural step for the Emirate. Dubai also has 18 industrial areas, eight of which are located within designated free zones. Government regulation of the free zones has been widely praised, with industry leaders around the world drawn to invest in Dubai thanks to its attractive business environment. Dubai Refreshment CEO Tarek El Sakka summed up the general perception, telling TBY that, "The business environment in general is very positive, and government services are very accessible. The processes are transparent and efficient, and moreover the infrastructure that exists… is very supportive." GDP from industrial production has ranged from 11% to 14% over the past decade, and the Dubai government is well aware that increasing that percentage is a necessary step to further protect the Emirate from the volatility of oil prices. With the sector projected to create 27,000 jobs and R&D investment expected to rise by USD191 million by 2030, the sector looks well on its way to meeting these challenges.
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Johann Walzhofer dit Hans Walzhofer (né le  en Autriche-Hongrie et mort le ) était un joueur de football international autrichien qui jouait en tant qu'attaquant.

Biographie

En international, Il évolue avec l'équipe d'Autriche. Il est appelé par l'entraîneur autrichien Hugo Meisl pour participer à la coupe du monde 1934 en Italie.

Pendant la coupe du monde, les Autrichiens se défont des Français 3 à 2 au  tour, avant de l'emporter sur la Hongrie 2-1 en quarts-de-finale. Ils sont finalement éliminés par les futurs champions du mondial, l'équipe d'Italie sur un score de 1 but à 0, et sont battus par les Allemands 3-2 lors du match pour la  place.

Notes et références

Liens externes

Naissance en Autriche-Hongrie
Naissance en mars 1906
Décès en mars 1970
Footballeur international autrichien
Joueur du Rapid Vienne

redpajama_set_name: RedPajamaWikipedia


With ocular hypertension, the front of the eye does not drain fluid properly. This causes eye pressure to build up. Higher than normal eye pressure can cause glaucoma. Glaucoma is a disease where eye pressure damages the optic nerve, causing vision loss.
Ocular hypertension is not the same as glaucoma. With ocular hypertension, the optic nerve looks normal and there are no signs of vision loss. However, people with ocular hypertension are considered "glaucoma suspects." That means they should see their ophthalmologist regularly to be checked for glaucoma.
Ocular hypertension usually does not have any signs or symptoms. Because you can have high eye pressure and not know it, it is important to have regular eye exams with your ophthalmologist.


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Who Wins: The Legal or Biological Father?
Recognition as a child's legal parent, which is typically only an issue for a potential father (mothers automatically receive full custody rights following childbirth), is much more than a formality. Legal parents are the only individuals, without a court order, authorized to make decisions on a child's behalf related to important matters, such as medical care, education, and which persons may see the child, as well as the right to ask for parenting time in the event of divorce. Further, a parent usually has the unquestioned ability to travel and relocate with the child at will, again, unless parenting responsibilities are shared per agreement or court order. Thus, ascending to this status is integral to exercising all of the rights and privileges of being a parent, which is naturally associated with a child's biological parents. However, the law in Florida, as it relates to who qualifies as a child's legal father at birth, does not give preference to the biology, and instead, focuses on the marital status of the mother. The Florida Supreme Court was recently asked to weigh in on the rights of a biological versus legal father. The biological father, and there is no question the legal father is not directly related to the child, wants custody rights, but Florida law does not allow for three legal parents. A discussion of how courts tend to view the rights of a legal father over the biological father, as well as the ability of the legal father to disavow paternity upon divorce, will follow below.
Legal vs. Biological Fathers
Courts heavily favor legitimacy over biological connection, and will not ordinarily intrude into the presumption of the paternity of the mother's husband for a child born into an intact marriage. In fact, hospitals will rarely allow a mother to list anyone other than her husband on the birth certificate, again due to the preference for legitimacy. Consequently, if a biological father wants to challenge the rights of the legal father, he will be facing an uphill battle, and will need to show highly compelling evidence that the best interests of the child would be better served by granting him legal father status. This will not be easy, because courts are quite reluctant to break up established families. As a result, the longer the biological father waits to sue for custody rights, the more likely a court will reject the claim. Once a child has firm bonds with a parent, courts will not interrupt that relationship unless it is somehow endangering the child's health and welfare. Further, if the biological father waits until the legal father seeks divorce from the mother, the outcome will likely be the same. Courts do not want to take a child away from the only father he/she has known in the name of biology, and will look to the intent and quality of the parent/child relationship to see what arrangement would best support the child's needs and interests.
Disestablishing Paternity as a Legal Father
In some marriages, such as the one mentioned above, the husband knows from the beginning he is not the child's biological father, but still chooses to hold himself out as the child's father. If the couple later divorces, the legal father may attempt to disavow paternity to get out of child support obligations. Whether a court will allow the legal father to escape such responsibilities depends on the facts of the case, but the outcome will focus on how long the legal father acted as a parent, how he represented himself as a parent to the world, and any steps taken to disestablish a parental connection with the child. Ultimately, if the child would be detrimentally harmed by releasing the father from support obligations, courts will not allow paternity to be voided.
Being a parent requires commitment and sacrifice, and attaining status as a legal father makes this relationship possible. If you have questions about parental rights following divorce or paternity in general, we can help. Contact the Tampa divorce attorneys and family lawyers at All Family Law Group, P.A. in Tampa Bay for a consultation at no charge. They can be reached at 813-672-1900.
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By Lynette Silon-Laguna | Posted on June 21, 2018 Tags: Florida Fathers Rights, Tampa Family Law Attorney, Tampa Family Law Attorneys
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Rooster's half-marathon run to help fight child abuse
Maria Girgenti QRL Northern correspondent
Mon 24 Jun 2019, 01:10 PM
Next month, rugby league player Luke La Rosa will swap his footy boots for joggers and take on by far the biggest run of his life to raise awareness and funds for Bravehearts, a leading child protection agency.
The Atherton Roosters A Grader will rise early to tackle the 21km ASICS Gold Coast Half Marathon on July 7 in a bid to assist the organisation dedicated to protecting Australian children from abuse.
The fearless big man said anyone who knows him well would be aware he's not a big fan of running, but was undertaking the task to help stop child abuse.
"Most days at work, I observe the ongoing impacts of abuse on children or their families, so I believe doing this marathon is a great way of giving back," La Rosa said.
Within his role as Program Coordinator at Community Services Tablelands, La Rosa supervises and supports staff to deliver services to children and families across multiple programs, all focused on improving outcomes for children and families.
"Bravehearts mission is something that inspires me as it advocates for children, conducts essential social research to assist prevention of child abuse," La Rosa said.
"The organisation also proactively provides children with the necessary skills and education to identify safe people and keep themselves safe, while also responding through counselling to help children overcome traumatic experiences."
He said the marathon was an opportunity to give back to an organisation by helping out vulnerable members of our communities and it seemed like the right thing to do.
La Rosa decided to take part in the half marathon as it's during the season and he knew he wouldn't be able to maintain footy training commitments with the demands and eventual recovery required to complete 42 kilometres.
Luke La Rosa during an Atherton Roosters training session with A grade coach Graham Clark Snr
"Life's busy at work, but it's easy to get up every day and do something you're passionate about."
La Rosa has only one more subject to complete before he achieves a Masters of Human Services degree and will graduate in November.
He said while it's often hard to juggle working fulltime, university, training and travel for games, he still enjoys it all and would be lost without it.
"My preparation hasn't been too extravagant, but I've been doing more treadmill running over five kilometres, and recently I also completed a 17 kilometre run."
His conditioning training at footy hasn't slowed down too much so that's also keeping him fit.
"Rugby league has always been a huge part of my life, and I see it as a pathway for youngsters to develop friends and life skills they otherwise wouldn't have."
La Rosa, who grew up with four brothers, has been playing footy since he could walk, and joined the Herbert River Tigers when they had a team in early primary school.
He played all his juniors with the Tigers before moving to Cairns where he joined Cairns Brothers and Northern Pride in 2016 before tearing his ACL.
Since then, he was in the Queensland Italian team in 2017 and also represented Cairns in the Foley Shield in 2018 and 2019, and North Queensland Marlins this year.
Atherton Roosters player Luke La Rosa was selected in the Cairns Marlins representative team this year
In late 2017, La Rosa relocated to Atherton for work and then joined the Atherton Roosters club.
"I can play anywhere in the core or an edge, but my preferred position is probably lock.
"The thing I love most about rugby league is the team-focused culture, and working hard every week with mates to try and get a win."
When not playing footy, working or studying, La Rosa said he's a pretty social character and enjoys spending time with friends and family, swimming, having a barbecue or a hit of tennis and golf.
He spoke highly of Atherton Roosters coach Graham Clark Senior and said he is a good bloke who teaches the boys a few things about footy, but more importantly about just being good people.
"Clarky reminds us to be respectful and how important community is to everyone so I think the club has a strong role model for such a young side."
Luke La Rosa in action for Atherton Roosters this season is tackled by a Kangaroos player
La Rosa has started a fundraising page and helps to make a difference. So far he's raised just over $1000 and is hoping the community will help him reach his target of $3000.
The link is: Help Protect Aussie Children
Donations are fully tax-deductible, so any amount people can afford to donate is very much appreciated.
Main image: Atherton Roosters player Luke La Rosa will be tackling a good cause when he runs the Gold Coast Half Marathon next month to raise funds for Bravehearts Photo: Maria Girgenti


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