STATE OF FLORIDA, APPELLANT,
v.
ALFRED J. WAGNER APPELLEE

Fla. 5th DCA | 2004-02-04
No. 5D02-1211
883 So. 2d 817 Florida District Court of Appeal, Fifth District (2004) Caution
Cited by 3 cases

Opinion of the Court
THE COURT:

THE COURT:

In accordance with the January 28, 2004, Mandate and instructions of the Florida Supreme Court by Opinion filed January 8, 2004, it is

ORDERED that the prior opinion of this Court rendered in the above-styled cause is withdrawn. Moreover, the Petition For Writ Of Certiorari, filed April 25, 2002, is reinstated in this Court. Moreover, it is

ORDERED that Respondent shall file with this Court and show cause, within twenty days from the date hereof, why the Petition For Writ Of Certiorari should not be granted. Petitioner may reply, within ten days from the service of such response.


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  • Alina Marcos v. Haecker, 915 So. 2d 703 (Fla. 3d DCA 2005)
    …if a party takes it upon himself to seek true affirmative relief before moving to dismiss on the basis of lack of personal jurisdiction, the defense of lack of personal jurisdiction argument is waived. See, e.g., Golden State Indus., Inc. v. Cueto, 883 So. 2d 817 (Fla. 3d DCA 2004). Likewise, failure to challenge personal jurisdiction at the earliest opportunity can be deemed a waiver. See Rojas v. Rojas, 723 So. 2d 318 (Fla. 3d DCA 1998). Here, however, Haecker was faced with a “Hobson’s choice.”1 Because F…
  • Modway, Inc. v. Oj Commerce, LLC (Fla. 4th DCA 2021)

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