Voluntary Appearance

27 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Brecht v. Bur-Ne Co.
  91 Fla. 345· Fla.· 1926-02-26 ·cited 81×
  The Florida Supreme Court reversed a quiet title decree because the lower court improperly adjudicated rights of parties who were never properly made defendants in the suit. The decision establishes that equity courts must follow strict pleading requirements and ensure all necess
• Orange Theatre Corp. v. Rayherstz Amusement Corp.
  139 F.2d 871· 3d Cir.· 1944-01-10 ·cited 67×
  The court held that a voluntary appearance does not waive a jurisdictional defense under the Federal Rules of Civil Procedure, and that extraterritorial service without statutory authorization is invalid.
• Beckwith v. Bailey
  119 Fla. 316· Fla.· 1935-05-14 ·cited 61×
  Bailey sued Beckwith for alienation of affections and criminal conversation with Bailey's wife. After a jury verdict for defendant, the trial court granted Bailey a new trial. The Florida Supreme Court affirmed the new trial order, and also addressed the admissibility and legal e
• Lente v. Clarke
  22 Fla. 515· Fla.· 1886-06-01 ·cited 41×
  In this 1886 Florida Supreme Court case, the court reversed a demurrer dismissing an action to enforce a land sales contract, holding that the contract's description of "my forty near the Garrison lands in Hernando county" was sufficiently certain to identify the property and enf
• Green v. Hood
  120 So. 2d 223· Fla. 2d DCA· 1960-05-04 ·cited 40×
  The court held that the comptroller waived the defense of lack of personal jurisdiction by his voluntary appearance and participation in prior proceedings, and that the trial court erred in denying the comptroller's motion to vacate the final decree.
• First Wis. Nat'l Bank of Milwaukee v. Armand S. Donian and Phyllis Donian
  343 So. 2d 943· Fla. 2d DCA· 1977-03-16 ·cited 39×
  The court held that defendants who were never served with process but jointly moved the court to approve a stay agreement modifying their mortgage obligations voluntarily submitted to the court's jurisdiction over them. The bank could therefore proceed with a deficiency judgment
• Pacific Mills v. Hillman Garment, Inc.
  87 So. 2d 599· Fla.· 1956-05-18 ·cited 35×
  Pacific Mills sought to enforce a New York judgment against Hillman Garment in Florida. The lower courts dismissed the complaint, finding the New York court lacked jurisdiction. The Florida Supreme Court reversed, holding that a defendant who voluntarily participates in an arbitr
• T. J. K. v. N. B.
  237 So. 2d 592· Fla. 4th DCA· 1970-07-17 ·cited 29×
  In this paternity action, the Florida appellate court reverses a trial court's order denying the defendant's motion for relief from a final paternity decree entered via constructive service by publication. The court holds that paternity actions are in personam actions requiring p
• Spencer v. The Travelers' Ins. Co.
  39 Fla. 677· Fla.· 1897-06-01 ·cited 28×
  This case addresses whether an appeal in chancery was properly filed. The court held that the appeal was dismissed because it was entered too close to the court term, violating statutory requirements for the time between appeal entry and the return date.
• Johnson v. State
  973 So. 2d 1236· Fla. 1st DCA· 2008-01-24 ·cited 26×
  Timothy Johnson appealed the denial of his motion to vacate a 1994 default paternity judgment, claiming he was never served with process and had no knowledge of the action. The Florida District Court of Appeal reversed and remanded, holding that a judgment entered without proper
• Nigel Shepheard and Heather Shepheard v. Deutsche Bank Tr. Co. Americas
  922 So. 2d 340· Fla. 5th DCA· 2006-02-24 ·cited 25×
  Deutsche Bank foreclosed on a mortgage held by UK residents Nigel and Heather Shepheard. The appellate court affirmed the foreclosure judgment against Nigel Shepheard, who had voluntarily appeared in the proceedings, but reversed the judgment against Heather Shepheard because the
• Fisher v. State
  840 So. 2d 325· Fla. 5th DCA· 2003-02-14 ·cited 24×
  Fisher appeals from orders holding her in contempt for failure to pay restitution imposed on her for damage caused by her daughter's delinquent acts. The court reversed both orders, finding the restitution order was void because Fisher was not properly noticed that she could be h
• Banco de Costa Rica v. Norberto Rodriguez
  573 So. 2d 833· Fla.· 1991-01-31 ·cited 16×
  The Florida Supreme Court held that a foreign bank's motion to quash a deposition based on lack of proper service does not constitute a waiver of its subsequent personal jurisdiction defense, as the motion was defensive rather than requesting affirmative relief.
• Cohn v. Cohn
  151 Fla. 547· Fla.· 1942-10-13 ·cited 15×
  The Florida Supreme Court upheld the circuit court's jurisdiction to modify alimony provisions in a divorce decree through an ancillary proceeding against a nonresident defendant wife, ruling that service of process by publication was authorized under Florida statute for such pro
• Bakalarz v. Luskin
  560 So. 2d 283· Fla. 4th DCA· 1990-04-18 ·cited 14×
  Ronald Bakalarz purchased an apartment from the Luskins without notice of a constructive trust and equitable lien imposed by a Broward County dissolution judgment. The trial court ordered a sheriff's sale of his property to satisfy the lien. The Fourth District reversed, holding
• Provident Sav. Bank & Tr. Co. v. Devito
  98 Fla. 1076· Fla.· 1929-12-07 ·cited 11×
  This case concerns the proper procedure for filing appeals in Florida. The Supreme Court dismissed an appeal because the return date was set too soon, violating statutory requirements for appellate jurisdiction.
• Mfrs. Nat'l Bank OF Detroit & Mfrs. Bank & Tr. Co. of Fla. v. Moons
  659 So. 2d 474· Fla. 4th DCA· 1995-08-23 ·cited 8×
  The Fourth District Court of Appeal reversed a guardianship court order requiring Michigan-based trust trustees to provide accounting information to co-guardians of an incapacitated beneficiary, holding that the court lacked personal jurisdiction over the trustees because they we
• Carlisle Cooper v. United States
  233 F.2d 821· 8th Cir.· 1956-06-08 ·cited 8×
  The court held that the evidence was sufficient to support the jury's verdict of perjury, finding that the defendant was properly sworn by an authorized officer and that his Sixth Amendment and Administrative Procedure Act rights were not violated.
• Pyles v. Beall
  37 Fla. 549· Fla.· 1896-01-01 ·cited 8×
  The Florida Supreme Court dismissed a writ of error in an ejectment case because the plaintiffs failed to properly serve the scire facias on the defendant, who was a resident of the state. The Court held that acknowledging service of abstract and assignment of errors papers does
• State v. Levine
  237 So. 2d 193· Fla. 3d DCA· 1970-06-16 ·cited 6×
  The State of Florida appealed the dismissal of bribery and conspiracy charges against attorneys Levine and Englander. The court reversed the dismissal, holding that both defendants had voluntarily and intelligently waived immunity before testifying to prosecutors and the grand ju
• Baker-Lewis Constr. Co. v. Payne H. Midyette
  105 Fla. 502· Fla.· 1932-05-11 ·cited 6×
  Baker-Lewis Construction Company sought to file appellate briefs after missing a contractually-agreed deadline, and the Florida Supreme Court granted leave to file despite the missed deadline, denying defendant's motion to dismiss the writ of error.
• Fredericka Lucian v. THE S. Ohio Sav. Bank & Tr. Co.
  154 Fla. 442· Fla.· 1944-05-12 ·cited 4×
  The Florida Supreme Court addresses whether a trial court had jurisdiction over a nonresident defendant in a divorce case where the defendant contested jurisdiction but actively participated in the litigation through counsel. The majority opinion (not provided) apparently held th
• Fisher Island Holdings, L.L.C. v. Potash
  867 So. 2d 450· Fla. 3d DCA· 2004-02-04
• Maybin v. Northside Corr. Ctr.
  891 F.2d 72· 4th Cir.· 1989-12-06
  A defendant does not waive an objection to personal jurisdiction by raising other jurisdictional defenses, such as timeliness of action, the eleventh amendment, or sovereign immunity, as these are distinct from the merits of the case.
• Cornileus v. The Music Factory, Inc.
  358 So. 2d 272· Fla. 3d DCA· 1978-05-09
  The court held that a trial court cannot order a defendant to proceed with a defense if it lacks personal jurisdiction over them.
• Sound City, Inc. v. Kenwood Elecs., Inc.
  330 So. 2d 163· Fla. 1st DCA· 1976-04-14
  Sound City and Saul Silber appealed the trial court's denial of their motion to dismiss a lawsuit brought by nonresident Kenwood Electronics. The court reversed, holding that Florida's nonresident plaintiff bond requirement applies to nonresident corporations and that Kenwood's f
• Buffkin v. Alum-Co Nat'l, Inc.
  331 F.2d 96· D.C. Cir.· 1963-02-28
  The court held that the letter from the U.S. Attorney's office was not a "summons" within the meaning of D.C. Code § 23-804(a), and therefore did not grant immunity from service of process.