JAMES WILLIE CALDWELL, JR., HUSBAND, APPELLANT,
v.
GLENDA WILLIAMS CALDWELL, WIFE, APPELLEE
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A husband appealed the denial of his motion to vacate a final divorce judgment, claiming the judgment was void due to defective service of process and lack of personal jurisdiction. The court affirmed the denial, holding that the husband waived his personal jurisdiction defense by entering a general appearance without contesting jurisdiction.
The judgment is not void. Although the trial court's reasoning that actual notice of the lawsuit renders service valid was erroneous, the correct result was reached because the husband waived his personal jurisdiction defense by entering a general appearance without contesting personal jurisdiction.
[1] A general appearance in a legal proceeding waives the defense of lack of personal jurisdiction.
[2] Actual notice of a lawsuit does not cure defective service of process.
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“actual notice of [the] lawsuit does not render the service of process valid”
Establishes that actual knowledge of a lawsuit cannot cure defective service of process, contradicting the trial court's reasoning
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Join FLexlaw to unlock all legal intelligenceThe husband was served with defective process in a dissolution of marriage action. A default judgment was entered against him. Subsequently, the husba…
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PER CURIAM.
James Willie Caldwell, Jr., the husband, appeals an order denying his motion to vacate and set aside the parties’ final judgment of dissolution of marriage. After defective service of process, a default judgment was entered against him. Thereafter, the husband’s counsel filed a notice of appearance without challenging the service of process or raising an issue with regard to personal jurisdiction. Further proceedings occurred in the dissolution action in which the husband participated. Thereafter, the husband filed his motion to vacate and set aside the final judgment, alleging for the first time that the final judgment was void for lack of personal jurisdiction based upon the defects in the service of process.
The trial court denied the motion to vacate on the grounds that the husband had actual knowledge of and “did in fact receive all of the divorce papers.” The law is clear, however, that “actual notice of [the] lawsuit does not render the service of process valid.” Bedford Computer Corp. v. Graphic Press, Inc., 484 So. 2d 1225, 1227 (Fla.1986).
Nonetheless, even though the trial court’s reasoning was erroneous, the trial court reached the correct result, and pursuant to the “tipsy coachman rule,” we affirm.
First Union Nat’l Bank v. Turney, 839 So. 2d 774, 777 (Fla. 1st DCA 2003). By entering a general appearance without contesting personal jurisdiction; Caldwell waived this defense. Leipuner v. F.D.I.C., 860 So. 2d 1027, 1028 (Fla. 5th DCA 2003); Lennar Homes, Inc. v. Gabb Constr. Servs., 654 So. 2d 649, 651 (Fla. 3d DCA 1995). See also Solmo v. Friedman, 909 So. 2d 560, 564 (Fla. 4th DCA 2005)(“If a party does not challenge personal jurisdiction until after a general appearance in the case, the party has waived the right to contest personal jurisdiction.”).
AFFIRMED.
ALLEN, VAN NORTWICK and POLSTON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (11 total)
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Johnson v. State, 973 So. 2d 1236 (Fla. 1st DCA 2008)…have held, moreover, that, although a court has already entered judgment, a party waives the right to contest personal jurisdiction by entering a general appearance without contesting personal jurisdiction at the same time. See Caldwell v. Caldwell, 921 So. 2d 759, 760 (Fla. 1st DCA 2006) (holding party lost right to contest default final judgment on grounds of defective service of process by entering general appearance without simultaneously contesting service of process or raising issue of personal jurisdic…
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Johnson v. Shakira Johnson, 992 So. 2d 399 (Fla. 1st DCA 2008)…ion for continuance, and a motion for jury trial, [*401] none of which stated an objection to the court’s exercising personal jurisdiction, appellant waived any right to contest the trial court’s jurisdiction of his person. See Caldwell v. Caldwell, 921 So. 2d 759, 760 (Fla. 1st DCA 2006); Brivis Enters., Inc. v. Von Plinski, 976 So. 2d 1244, 1244 (Fla. 3d DCA 2008); Solmo v. Friedman, 909 So. 2d 560, 564 (Fla. 4th DCA 2005) (“[I]f a party takes some step in the proceedings which amounts to a submission to th…
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Bank OF Am., N.A. v. Lane, 76 So. 3d 1007 (Fla. 1st DCA 2011)…below without making any objection to the lack of personal jurisdiction, appellees waived their right to contest the trial court’s exercise of personal jurisdiction. See Scott-Lubin v. Lubin, 49 So. 3d 838 (Fla. 4th DCA 2010); Caldwell v. Caldwell, 921 So. 2d 759 (Fla. 1st DCA 2006); Solmo v. Friedman, 909 So. 2d 560 (Fla. 4th DCA 2005); Boice v. Wamstedt, 696 So. 2d 448 (Fla. 4th DCA 1997); EGF Tampa Assocs. v. Edgar V. Bohlen, G.F.G.M. A.G., 532 So. 2d 1318, 1321 (Fla. 2d DCA 1988). If this court rejects…
Previewing 3 of 11 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Bedford Computer Corp. v. Graphic Press, Inc., 484 So. 2d 1225 (Fla. 1986)
- Solmo v. Friedman, 909 So. 2d 560 (Fla. 4th DCA 2005)
- Lennar Homes, Inc. v. Gabb Constr. Servs., Inc., 654 So. 2d 649 (Fla. 3d DCA 1995)
- First Union Nat'l Bank v. Turney, 839 So. 2d 774 (Fla. 1st DCA 2003)
- Leipuner v. Fed. Deposit Ins. Corp. (fdic), 860 So. 2d 1027 (Fla. 5th DCA 2003)