Waiver Of Personal Jurisdiction

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

• Babcock v. Whatmore
  707 So. 2d 702· Fla.· 1998-02-26 ·cited 109×
  The Florida Supreme Court clarified when a defendant waives a timely objection to personal jurisdiction by seeking affirmative relief. The Court held that a defendant who seeks affirmative relief—not merely defensive motions—waives a jurisdictional challenge, resolving a conflict
• Consol. Aluminum Corp. v. Weinroth
  422 So. 2d 330· Fla. 5th DCA· 1982-10-20 ·cited 40×
  Consolidated Aluminum Corporation appealed the trial court's denial of its motion to vacate a default judgment. The appellate court affirmed, holding that the appellant waived its challenge to personal jurisdiction by failing to raise it in its first pleading, and that the trial
• Bistram v. United States
  253 F.2d 610· 8th Cir.· 1958-04-04 ·cited 39×
  The court held that a defendant waives objections to personal jurisdiction and venue by pleading guilty, and that the court has discretion whether to produce a prisoner for a hearing on a motion to vacate sentence.
• Americana Fabrics, Inc. v. L & L Textiles, Inc.
  754 F.2d 1524· 9th Cir.· 1985-03-07 ·cited 30×
  The court held that the "last in time" rule of res judicata dictates that the New York District Court's order compelling arbitration was binding on the California District Court, entitling the petitioner to an order compelling arbitration.
• Fields v. Sedgwick Associated Risks, Ltd.
  796 F.2d 299· 9th Cir.· 1986-08-06 ·cited 25×
  The court held that the district court correctly dismissed the complaint for lack of personal jurisdiction because exercising jurisdiction over the defendants in California would be unreasonable.
• PON v. United States
  168 F.2d 373· 1st Cir.· 1948-05-25 ·cited 24×
  A defendant waives the right to challenge the legality of his arrest for lack of probable cause by failing to raise the issue before trial.
• Snipes v. Chase Manhattan Mortg. Corp.
  885 So. 2d 899· Fla. 5th DCA· 2004-09-17 ·cited 23×
  The court held that a party's voluntary general appearance waives personal jurisdiction defenses and that a party's failure to protect their own interests cannot be grounds to vacate a judgment to the detriment of innocent parties.
• Nat'l Serv. Indus., Inc. v. Vafla Corp.
  694 F.2d 246· 11th Cir.· 1982-12-20 ·cited 21×
  The court held that defendants' appeals were frivolous, affirming the grant of summary judgment and remanding for entry of judgment for double costs, attorneys' fees, and damages.
• Snider v. Metcalfe
  157 So. 3d 422· Fla. 4th DCA· 2015-02-04 ·cited 14×
  Stephan Snider appealed the dismissal of his breach of fiduciary duty case against trustees Mary Lou Snider Metcalfe and Randy Ransom Culler for lack of personal jurisdiction. The court affirmed the dismissal, holding that the trustees did not waive their jurisdictional defense b
• Trans World Airlines, Inc. v. Mattox
  897 F.2d 773· 5th Cir.· 1990-04-03 ·cited 14×
  State laws proscribing deceptive advertising are preempted by federal law when applied to the advertising of fares by interstate and international airlines.
• Schatz v. Centr Brands Corp.
  2019 WL 1649948· M.D. Fla.· 2025-02-20 ·cited 12×
  The court held that it could not grant default judgment because the plaintiff's exhibits contradicted her allegations regarding the employer, raising questions about personal jurisdiction over the named defendant.
• Sprint Corp. v. Telimagine, Inc.
  923 So. 2d 525· Fla. 2d DCA· 2005-12-28 ·cited 12×
  The court held that the trial court erred in granting a temporary injunction because the parties' agreement did not contemplate such relief under the circumstances, but affirmed the denial of the motion to dismiss.
• Golden v. COX Furniture Mfg. Co., Inc.
  683 F.2d 115· 5th Cir.· 1982-07-28 ·cited 12×
  The court held that while service of process was defective under the Mississippi long-arm statute, the defendant waived this objection by failing to raise it promptly and by participating extensively in the litigation.
• Gerasimos Bekris v. Greek M/V Aristoteles
  437 F.2d 219· 4th Cir.· 1971-01-27 ·cited 9×
  The court held that the district court did not err in dismissing statutory wage claims for lack of good faith and in declining jurisdiction over the remaining foreign claims.
• Sunseeker Int'l Ltd. v. Devers
  50 So. 3d 715· Fla. 4th DCA· 2010-12-15 ·cited 8×
  Sunseeker International Limited, a UK-based boat manufacturer, appeals an order denying its motion to quash service of process. The court reversed, holding that service on the manufacturer's authorized distributor was ineffective because the plaintiff failed to comply with Florid
• Datamatic Servs. Corp. v. Bescos
  484 So. 2d 1351· Fla. 2d DCA· 1986-03-12 ·cited 8×
  Datamatic Services Corporation appeals the dismissal of its suit against California resident Paul Bescos for nonpayment of a promissory note. The trial court rejected a contractual choice of forum clause (Article XV) selecting Florida courts as unenforceable. The Second District
• Intego Software, LLC v. Concept Dev., Inc.
  198 So. 3d 887· Fla. 1st DCA· 2016-07-25 ·cited 7×
  IntEGO Software sued Concept Development for breach of a contract to engineer and construct nurse call devices. The trial court dismissed for lack of personal jurisdiction, but the appellate court reversed, holding that the uncontroverted jurisdictional allegations in the complai
• Mason v. Hunton
  816 So. 2d 234· Fla. 5th DCA· 2002-05-10 ·cited 7×
  Defendants appealed an order denying their motion to dismiss for lack of personal jurisdiction, arguing the trial court erred in finding they waived the jurisdictional defense by filing pleadings and requesting document production. The appellate court reversed, holding that filin
• Goodman v. 1973 26 Foot Trojan Vessel
  859 F.2d 71· 8th Cir.· 1988-10-05 ·cited 7×
  The court held that while a maritime lien existed, in rem jurisdiction failed due to the boat's arrest, but in personam jurisdiction was proper. Attorney's fees were improperly awarded without a finding of bad faith.
• Empire Beauty Salon v. Commercial Loan Solutions IV, LLC
  159 So. 3d 136· Fla. 5th DCA· 2014-11-14 ·cited 5×
  Empire Beauty Salon and related entities appealed a summary judgment foreclosing a mortgage, arguing improper service of process on one defendant. The Fifth District Court of Appeal reversed the judgment as to Salon Dominicano due to defective service, finding the process server
• Espat v. Espat
  56 F. Supp. 2d 1377· M.D. Fla.· 1999-07-19 ·cited 4×
  Nocif Espat sought declaratory relief regarding ownership of a life insurance policy on his ex-wife Kay Ellen Espat, claiming he became the owner upon their 1989 divorce, while Kay Ellen later designated Randolph Richardson as beneficiary. The court denied Federated Life Insuranc
• Petrowski v. Hawkeye-Security Ins. Co.
  237 F.2d 609· 7th Cir.· 1956-10-05 ·cited 4×
• White v. Bombardier Corp.
  313 F. Supp. 2d 1295· N.D. Fla.· 2004-03-19 ·cited 2×
  The court held that the removing defendants failed to establish a basis for removal without the consent of a co-defendant against whom a default had been entered, as they did not demonstrate diligent efforts to obtain that consent.
• Ponsoldt v. The Cadle Co.
  829 So. 2d 937· Fla. 4th DCA· 2002-10-09 ·cited 2×
• Quisenberry v. Bates
  359 So. 3d 1· Fla. 4th DCA· 2023-02-01 ·cited 1×
  Constructive service by publication does not confer personal jurisdiction in breach of contract cases, and a defendant cannot waive the challenge to deficient service by evading personal service and failing to timely respond.
• Schulte v. THE Bank of NEW York Mellon
  46 Fla. L. Weekly D2532· Fla. 4th DCA· 2022-02-02 ·cited 1×
  A defendant does not waive a personal jurisdictional challenge by merely participating in a lawsuit without requesting affirmative relief.
• Rebalko v. Ihab and Jessica Atallah
  313 So. 3d 125· Fla. 4th DCA· 2021-03-17 ·cited 1×
  Filing notices of deposition does not constitute a request for affirmative relief and therefore does not waive a defendant's right to challenge personal jurisdiction.
• Liberty New v. Bennett
  249 So. 3d 704· Fla. 1st DCA· 2018-06-04 ·cited 1×
  Under the Full Faith and Credit Clause, a Florida court must domesticate a valid and final sister state judgment of contempt for child support arrearages if the foreign court had personal jurisdiction and subject matter jurisdiction, and the judgment is not procured through extri
• Golden State Indus., Inc. v. Amparo Cueto
  883 So. 2d 817· Fla. 3d DCA· 2004-04-14 ·cited 1×
  Golden State Industries, Inc. appeals the denial of its motion to dismiss for lack of personal jurisdiction in a negligence suit arising from a pool deck collapse. The court affirmed, finding that Golden State waived the personal jurisdiction defense by not raising it initially,
• Harrington v. Veritext, LLC
  S.D. Fla.· 2025-01-29
  The court held that it has subject matter and personal jurisdiction and that no abstention doctrine applies, thus the motion to remand should be denied.
• Arbelaez v. Ortiz
  Fla. 3d DCA· 2022-02-16
  A defendant waives a timely challenge to personal jurisdiction by filing motions seeking affirmative relief, such as a motion to dismiss on non-jurisdictional grounds or a verified counterclaim, without expressly reserving the jurisdictional objection.
• Romanoff v. Lazarus
  267 So. 3d 33· Fla. 4th DCA· 2019-03-27
  A defendant does not waive the defense of lack of personal jurisdiction by omitting it from an initial motion to dismiss if the defendant raises the defense in a second motion to dismiss filed before the trial court rules on the jurisdictional issue.
• Olivencia v. Garcia
  9th Cir. Ct. App. Div.· 2016-03-06
  The appellate court granted a petition for writ of certiorari, vacating a trial court judgment against petitioners because the respondent failed to provide competent evidence of proper service of process. The court held that without documented proof of service, the trial court la
• Estela v. Cavalcanti
  76 So. 3d 1054· Fla. 3d DCA· 2011-12-21
  In this jurisdictional dispute, the Florida District Court of Appeal reversed the trial court's order permitting service by publication against Estela, holding that when a defendant provides an out-of-state address where personal service is possible, the plaintiff must attempt se
• Martinez v. JLM Indus. de Venezuela
  799 So. 2d 364· Fla. 3d DCA· 2001-11-07
• Cap. Invs. Co. v. Executors OF the Estate OF Arthur R. Morrison
  800 F.2d 424· 4th Cir.· 1986-09-12
  The court held that Frost's estate is jointly and severally liable for the entire judgment and reversed the district court's award of a large management fee to Dreisen's estate.
• Varone v. Varone
  392 F.2d 855· 7th Cir.· 1968-01-29
  The court held that the defendant waived his defense of lack of personal jurisdiction by failing to raise it in his initial pleadings and by his subsequent actions invoking the court's power.
• Frederick C. Stock and his wife v. Bilcon Developers, Inc.
  203 So. 2d 181· Fla. 2d DCA· 1967-10-20
  The court held that Estelle Stock waived any defense of lack of personal jurisdiction by appearing and testifying at trial without objection. The court found no reversible error in the trial court's findings of fact.
• Harris v. Bayshore Court, Inc.
  1 Fla. Supp. 20· Dade Cty. Cir. Ct.· 1951-05-29
  A defendant waives a challenge to personal jurisdiction by pleading and going to trial on the merits after the challenge is denied. A contractor's sworn statement is not a condition precedent to acquiring a lien, but rather protects the owner from double payment.