JOHN BARR, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By (16 total)

• Babcock v. Whatmore, 707 So. 2d 702 (Fla. 1998)
  …Once asserted, the objection based upon lack of jurisdiction over the person is preserved for all purposes and is not waived because affirmative relief is sought.”); Ferrari v. Rubin, 616 So. 2d 611, 612 (Fla. 5th DCA 1993) (same); Dimino v. Farina, 572 So. 2d 552, 555 (Fla. 4th DCA 1990)(same); Logan v. Mora, 555 So. 2d 1267, 1268 (Fla. 3d DCA 1989) (same). . We disapprove Ferrari, Dimino, Logan, and Scarso to the extent they are inconsistent with this opinion.…
• Fla. Dep't OF Child. & Families v. Sun-Sentinel, Inc., 865 So. 2d 1278 (Fla. 2004)
  …strict courts that have are conflicted. The district court below relied on the Second District’s decision in Hubbard v. Cazares, 413 So. 2d 1192 (Fla. 2d DCA 1981). Hubbard, however, conflicts with the Fourth District’s decision in Dimino v. Farina, 572 So. 2d 552 (Fla. 4th DCA 1990).4 With respect to this issue, we disapprove the opinion below and that in Hubbard, and we approve the opinion in Dimino. Hubbard held that “a request for change of venue following a timely asserted challenge to personal jurisdic…
• Heineken v. Heineken, 683 So. 2d 194 (Fla. 1st DCA 1996)
  …A 1981), review denied, 412 So. 2d 467 (Fla.1982); and filing a motion for change of venue. Hubbard v. Cazares, 413 So. 2d 1192 (Fla. 2d DCA 1981); Alsup v. Your Graphics Are Showing, Inc., 531 So. 2d 222 (Fla. 2d DCA 1988). Contra Dimino v. Farina, 572 So. 2d 552 (Fla. 4th DCA 1990). Logically, a motion for change of venue might be seen as a defensive maneuver, rather than as a request for affirmative relief. Other requests said to be for affirmative relief have been held not to be inconsistent with an obje…

Authorities Cited

• Farrow v. State, 573 So. 2d 161 (Fla. 4th DCA 1990)
• Pineiro v. State, 573 So. 2d 161 (Fla. 4th DCA 1991)