BRIVIS ENTERPRISES, INC., APPELLANT,
v.
TERESITA VON PLINSKI, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF DAVID GARCIA, AND ALL SURVIVORS, APPELLEE
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WELLS, Judge.
We grant the motion for rehearing in part to correct a factual error, withdraw the opinion filed on February 27, 2008, and substitute the following opinion in its place.
Brivis Enterprises, Inc. appeals from an order denying its motion to quash service of process and to dismiss for lack of personal jurisdiction, filed after it had answered the complaint, moved to set aside a default, and engaged in discovery, all without mentioning service of process or personal jurisdiction. Because the defense was waived, we affirm. See Berne v. Beznos, 819 So. 2d 235, 238 (Fla. 3d DCA 2002) (finding that pleading to the merits without objecting to service of process or lack of personal jurisdiction waives those defenses); Parra v. Raskin, 647 So. 2d 1010, 1011 (Fla. 3d DCA 1995) (stating that failure to raise the insufficient service of process defense at the inception of a case, in either a motion or responsive pleading, constitutes a waiver of that defense); see also Caldwell v. Caldwell, 921 So. 2d 759, 760 (Fla. 1st DCA 2006) (concluding that entering a general appearance following default without raising sufficiency of service of process or lack of personal jurisdiction constituted a waiver); Solmo v. Friedman, 909 So. 2d 560, 564 (Fla. 4th DCA 2005) (holding that active participation in a proceeding waives issues regarding service of process defense and constitutes submission to a court’s jurisdiction).
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
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Johnson v. Shakira Johnson, 992 So. 2d 399 (Fla. 1st DCA 2008)…an objection to the court’s exercising personal jurisdiction, appellant waived any right to contest the trial court’s jurisdiction of his person. See Caldwell v. Caldwell, 921 So. 2d 759, 760 (Fla. 1st DCA 2006); Brivis Enters., Inc. v. Von Plinski, 976 So. 2d 1244, 1244 (Fla. 3d DCA 2008); Solmo v. Friedman, 909 So. 2d 560, 564 (Fla. 4th DCA 2005) (“[I]f a party takes some step in the proceedings which amounts to a submission to the court’s jurisdiction, then it is deemed that the party waived his right to ch…
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Dolan v. Dolan, 81 So. 3d 558 (Fla. 3d DCA 2012)…s dismissal with prejudice in this case. If not raised in a responsive pleading or by motion filed by a party, an objection to improper service of process is waived. Fla. R. Civ. P. 1.140(b), (h)(1);1 see Brivis [*560] Enters., Inc. v. Von Plinski, 976 So. 2d 1244, 1244 (Fla. 3d DCA 2008) (failure to assert defense of insufficient service of process at inception waives that defense); Caldwell v. Caldwell, 921 So. 2d 759, 760 (Fla. 1st DCA 2006) (concluding that entering a general appearance following default…
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Brivis Enters., Inc. v. Teresita von Plinski, 8 So. 3d 1208 (Fla. 3d DCA 2009)…amended motion to set aside default and to quash service of process, finding that Farrell’s testimony was “unworthy of belief.” Brivis appealed the denial of the motion to quash service, and this Court affirmed. Brivis Enters., Inc. v. Von Plinski, 976 So. 2d 1244 (Fla. 3d DCA 2008). Following a trial on damages, final judgment was entered in favor of the plaintiff. The defendants’ appeal follows. We review the trial court’s denial of the second amended motion to vacate default under an abuse of discretion…
Authorities Cited
- Solmo v. Friedman, 909 So. 2d 560 (Fla. 4th DCA 2005)
- J.H. v. State, 819 So. 2d 235 (Fla. 1st DCA 2002)
- Caldwell v. Caldwell, 921 So. 2d 759 (Fla. 1st DCA 2006)
- Parra v. Raskin, 647 So. 2d 1010 (Fla. 3d DCA 1994)