ALAN P. CAMPBELL AND BARBARA ANN CAMPBELL, APPELLANTS,
v.
LANDMARK FIRST NATIONAL BANK OF FT. LAUDERDALE, APPELLEE
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PER CURIAM.
This is an appeal pursuant to Florida Rule of Appellate Procedure 9.130(a)(3)(C)(i) from an order denying appellants’ motion to quash constructive service upon them. It is apparent from our examination of the transcript of the hearing that, in denying appellants’ motion, the trial court was permitting appellee to proceed on the basis of constructive service of process solely upon Count I of its complaint. That count alleged a quasi in rem action to have the court impose a constructive trust, appoint a receiver and require an accounting. We affirm the order. See section 49.011, Florida Statutes (1979), and Gribbel v. Henderson, 151 Fla. 712, 10 So. 2d 734 (1942). Appellants’ motion to discharge lis pendens did not submit appellants to the jurisdiction of the court as to the remaining counts in personam. See Green v. Roth, 192 So. 2d 537 (Fla. 2d DCA 1966), and Callaghan v. Callaghan, 337 So. 2d 986 (Fla. 4th DCA 1976).
BERANEK, GLICKSTEIN and WALDEN, JJ., concur.
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Scarso v. Scarso, 488 So. 2d 549 (Fla. 4th DCA 1986)…ought affirmative relief. Once asserted, the objection based upon lack of jurisdiction over the person is preserved for all purposes and is not waived because affirmative relief is sought. See Campbell v. Landmark First Nat’l Bank of Ft. Lauderdale, 421 So. 2d 813 (Fla. 4th DCA 1982); Green v. Roth, 192 So. 2d 537 (Fla. 2d DCA 1966). We note, however, that acquisition of jurisdiction over the person of appellant was not a prerequisite to the action of the court in determining the custody issue. Appellant did…
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Bakalarz v. Luskin, 560 So. 2d 283 (Fla. 4th DCA 1990)…tes, 474 So. 2d 271 (Fla. 3d DCA 1985). See also Weatherhead Co. v. Coletti, 392 So. 2d 1342 (Fla. 3d DCA 1980), affd. sub nom, Public Gas Co. v. Weatherhead Co., 409 So. 2d 1026 (Fla.1982); Campbell v. Landmark First Nat’l. Bank of Fort Lauderdale, 421 So. 2d 813 (Fla. 4th DCA 1982). A nonparty who has not been served should not be held to submit himself to the jurisdiction of a court and waive service by his prior unsuccessful efforts to intervene, by filing a few documents incident to that [*288] rejecte…
Authorities Cited
- Wakeman Griffin Gribbel v. Henderson, 151 Fla. 712 (Fla. 1942)
- Green v. Roth, 192 So. 2d 537 (Fla. 2d DCA 1966)
- Callaghan v. Blanche D. Callaghan, 337 So. 2d 986 (Fla. 4th DCA 1976)