JUDY E. PARKER, APPELLANT,
v.
GEORGE S. HEILPERN, TRUST, HELEN M. SCHINDELMAN, TRUSTEE, AND UNITED STATES OF AMERICA, APPELLEES
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Filing an objection to a codefendant's motion to share in foreclosure sale proceeds does not constitute a waiver of prior objections to personal jurisdiction.
Appellant twice moved to quash service of process. While rehearing motions were pending, a codefendant filed a motion to share in sale proceeds, to wh…
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PER CURIAM.
REVERSED. We agree with appellant that she did not waive her objection to personal jurisdiction by filing an objection to a codefendant’s motion to share in the proceeds of any foreclosure sale.
Appellant was sued in a mortgage foreclosure proceeding. Twice she successfully moved to quash service of process. However, while motions for rehearing were pending on the service of process issue, a codefendant filed a motion to be allowed to share in the proceeds of any sale. Appellant filed an objection to this motion, and the trial court held that such filing constituted a waiver of her objections to jurisdiction. We disagree.
As a general rule, a defendant may protect her jurisdictional claims so long as she asserts them as early as possible in the litigation. Scarso v. Scarso, 488 So. 2d 549 (Fla. 4th DCA 1986). Here, appellant was diligent in asserting her jurisdictional claims. Further, while the court was considering her claims, she acted cautiously in objecting to a codefendant’s request to share in the proceeds of a sale. We do not believe this objection was the kind of action that would indicate a waiver of her prior objections to jurisdiction. She sought no affirmative relief, and we do not believe she should be forced to risk having waived any objection to the codefendant’s motion should the court have later granted the requests for rehearing.
ANSTEAD, GLICKSTEIN and FARMER, JJ., concur.
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Heineken v. Heineken, 683 So. 2d 194 (Fla. 1st DCA 1996)…, 573 So. 2d 833 (Fla.1991); moving for a protective order, Oy v. Carnival Cruise Lines, Inc., 632 So. 2d 724 (Fla. 3d DCA 1994); objecting to a codefendant’s motion to share in the proceeds of a foreclosure sale, Parker v. George S. Heilpern Trust, 637 So. 2d 295 (Fla. 4th DCA 1994); or filing an answer and compulsory counterclaim, Cumberland, supra, 507 So. 2d at 795-796. Accordingly, the order under review is REVERSED and the cause is REMANDED for entry of an order of dismissal. BOOTH, J., concurs. BENT…
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Faller v. Faller, 51 So. 3d 1235 (Fla. 2d DCA 2011)…at 237 (answer and motions to dismiss and for summary judgment); Heineken, 683 So. 2d at 197 (request in motion to dismiss that trial court order spouse to pay attorney’s fees incurred in prosecuting the motion); Parker v. George S. Heilpern, Trust, 637 So. 2d 295, 296 (Fla. 4th DCA 1994) (objection to codefendant’s motion to share in foreclosure proceeds); Oy v. Carnival Cruise Lines, Inc., 632 So. 2d 724, 725 (Fla. 3d DCA 1994) (motion for protective order); Permenter v. Feurtado, 541 So. 2d 1331, 1331 (Fla…
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Snider v. Metcalfe, 157 So. 3d 422 (Fla. 4th DCA 2015)…707 So. 2d 702, 704 (Fla.1998) (motion for relief from monetary judgments for child support arrearages)); Banco de Costa Rica v. Rodriguez, 573 So. 2d 833, 834 (Fla.1991) (motion to quash a deposition subpoena); Parker v. George S. Heilpern, Trust, 637 So. 2d 295, 296 (Fla. 4th DCA 1994) (objection to codefen-dant’s motion to share in foreclosure proceeds); Cumberland Software, Inc. v. Great Am. Mortg. Corp., 507 So. 2d 794, 795-96 (Fla. 4th DCA 1987) (answer and compulsory counterclaim); Arch Aluminum & Gla…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Scarso v. Scarso, 488 So. 2d 549 (Fla. 4th DCA 1986)