JOHNSON & JOHNSON, ET AL.
v.
MSP RECOVERY CLAIMS, SERIES LLC, ET AL.
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A defendant waives its objection to personal jurisdiction by filing other motions to dismiss before raising the jurisdictional defense, thereby consenting to jurisdiction.
[1] A defendant waives its objection to personal jurisdiction by filing any other motion to dismiss before raising the jurisdictional defense, as the jurisdictional objection…
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Join FLexlaw to unlock all legal intelligence“A defendant's objection to personal jurisdiction must be raised 'in the first step the defendant takes in the case' or it is waived.”
Court's statement of the controlling legal standard for waiver of personal jurisdiction objections
Johnson & Johnson and Ethicon, Inc. were sued by MSP Recovery Claims, Series LLC in Miami-Dade County Circuit Court. Appellants filed three motions to…
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Third District Court of Appeal
State of Florida
Opinion filed September 25, 2024. Not final until disposition of timely filed motion for rehearing.
No. 3D23-0834 Lower Tribunal No. 18-41830
Johnson & Johnson, et al., Appellants,
vs.
MSP Recovery Claims, Series LLC, et al., Appellees.
An Appeal from a non-final order from the Circuit Court for Miami-Dade County, Antonio Arzola, Judge.
Squire Patton Boggs (US) LLP, and Andrew R. Kruppa and Amanda
E. Preston, for appellants.
MSP Recovery Law Firm, and Aida M. Landa and Janpaul Portal, for appellees.
Before SCALES, LINDSEY and MILLER, JJ.
ON MOTION FOR WRITTEN OPINION
PER CURIAM.
We grant Appellants Johnson & Johnson and Ethicon, Inc.'s motion for a written opinion. We withdraw our prior opinion issued on August 14, 2024, and substitute this opinion in its stead.
Because Appellants waived personal jurisdiction, we need not address the substantive issues on appeal.1 A defendant's objection to personal jurisdiction must be raised "in the first step the defendant takes in the case” or it is waived. See Allstate Mortg. Sols. Transfer, Inc. v. Bank of Am., N.A., 338 So. 3d 985, 988 (Fla. 3d DCA 2022). Appellants filed three motions to dismiss before challenging personal jurisdiction. Therefore, Appellants have consented to jurisdiction in Florida. See Fla. R. Civ. P. 1.140(b) (“Every defense in law or fact to a claim for relief in a pleading must be asserted in the responsive pleading, if one is required, but the following defenses may be made by motion at the option of the pleader . . . (2) lack of jurisdiction over the person . . . . Any ground not stated must be deemed to be waived . . . .”).
Affirmed.