Waiver Of Jurisdictional Objections

16 Florida cases classified under this topic · sorted by citation count · browse and sort

• State of Fla. ex rel. ELI Lilly & Co. v. Honorable Bayard B. Shields
  83 So. 2d 271· Fla.· 1955-11-09 ·cited 50×
  Eli Lilly and Company sought prohibition to stay trial proceedings on grounds that the court lacked jurisdiction over its person. The Florida Supreme Court held that prohibition does not lie to review jurisdictional rulings, but clarified that a defendant may challenge jurisdicti
• Int'l Bhd. OF Teamsters v. Wash. Emp'rs, Inc.
  557 F.2d 1345· 9th Cir.· 1977-07-25 ·cited 35×
  Employers are precluded from attacking an arbitrator's award on grounds of federal preemption after agreeing to arbitrate the issue under state law.
• Foval v. First Nat'l Bank OF Commerce IN NEW Orleans
  841 F.2d 126· 5th Cir.· 1988-04-01 ·cited 28×
• Polychronis Grammenos and Theodore Orfanides v. Lemos
  457 F.2d 1067· 2d Cir.· 1972-02-23 ·cited 28×
  The court held that while service on Lemos was improper, the complaint should not have been dismissed, allowing plaintiffs to attempt proper service. Service on Nile through its agent Triton was also found inadequate.
• Woodward v. D. H. Overmyer Co., Inc.
  428 F.2d 880· 2d Cir.· 1970-06-09 ·cited 16×
  The court held that the defendants waived their objection to the removal of the case to federal court by not moving for remand and by participating in the litigation, and that their delay in asserting a counterclaim for professional malpractice barred them from doing so at this l
• Phillip E. Beard for Greater Pittsburgh Bus. Dev. Corp. v. Braunstein
  914 F.2d 434· 3d Cir.· 1990-09-21 ·cited 6×
  A defendant in a bankruptcy proceeding who has not filed a claim against the estate has a right to a jury trial when sued by the trustee for a private right, such as a contract claim for rent.
• Fed. Deposit Ins. Corp. v. Kurtis Krause
  904 F.2d 463· 8th Cir.· 1990-06-04 ·cited 6×
  The court held that the parties' consent to a district court appeal does not create a nonwaivable jurisdictional bar to appeal to the court of appeals if the objection is not timely raised.
• Nw. Airlines, Inc. v. Int'l Ass'n OF MacHinists & Aerospace Workers
  894 F.2d 998· 8th Cir.· 1990-01-29 ·cited 4×
  The court held that an arbitration award must be vacated if it disregards the plain language of an unambiguous settlement agreement, as the arbitrator exceeds their authority in such cases.
• Hall v. Goggin
  148 F.2d 774· 9th Cir.· 1945-03-30 ·cited 4×
  The court held that an assignee for the benefit of creditors does not waive their right to object to a bankruptcy court's summary jurisdiction by participating in the proceedings if the objection is made before a final order is entered.
• Paradise OF Port Richey v. Est. OF Konstantinos Boulis
  810 So. 2d 1044· Fla. 4th DCA· 2002-03-13 ·cited 2×
  A party's attorney's appearance at a hearing to confirm the scope of curators' powers, without seeking affirmative relief, does not constitute a voluntary appearance waiving jurisdictional objections.
• Lorelei Corp. v. Cnty. OF Guadalupe
  940 F.2d 717· 1st Cir.· 1991-07-25 ·cited 2×
  A federal court in Maine cannot exercise personal jurisdiction over Texas county officials based on tortious acts occurring entirely in Texas, even if those acts have consequences felt in Maine.
• Dasmond T. Brannon v. State
  Fla. 6th DCA· 2026-07-02
  A defendant who pleads guilty or nolo contendere may directly appeal only the lower tribunal's lack of subject matter jurisdiction.
• Clerk of Cir. Court & Comptroller v. Rangel
  Fla. 2d DCA· 2026-03-06
  Section 903.26 applies to cash bond forfeitures and authorizes discharge when a defendant is deported; the Clerk waived a case jurisdiction argument based on the sixty-day deadline by failing to timely raise it in the trial court.
• Merchbar, Inc. v. Alliance Ent., LLC
  Fla. 4th DCA· 2026-01-07
  When a defendant files a legally sufficient affidavit contesting personal jurisdiction, the burden shifts to the plaintiff to provide sworn proof establishing jurisdiction; if the plaintiff fails to submit sworn proof in response, the motion to dismiss must be granted.
• Barros v. The Difference Ins. Corp.
  Fla. 3d DCA· 2025-10-15
  The trial court properly ratified the general magistrate's report and imposed a civil contempt order because Barros waived his procedural objection to the magistrate's appointment by failing to raise it timely, the magistrate did not exceed its enforcement jurisdiction over the s
• Adalberto Vega v. Citizens Prop. Ins. Corp.
  Fla. 3d DCA· 2025-07-30
  The party seeking to enforce a settlement bears the burden of establishing assent by the opposing party, and in the absence of acceptance within a reasonable period of time, there is no contract.