LUMECH, INC., ETC.
v.
UNION VENTURE TRADING S.A., ETC.
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
A defendant waives the defense of lack of personal jurisdiction if it fails to raise the defense in the first step taken in the case, whether by motion or responsive pleading.
[1] Lack of personal jurisdiction is a waivable defense that must be raised by a defendant at the first opportunity or in the first step taken in the case, whether by motion…
Previewing 1 of 1 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“Florida law is well[-]settled that a defendant wishing to challenge personal jurisdiction must do so in the first step the defendant takes in the case, or this defense will be deemed waived, and the court will be deemed to have acquired jurisdiction over the defendant.”
Court citing Allstate Mortgage Solutions Transfer, Inc. v. Bank of America, N.A., 338 So. 3d 985 (Fla. 3d DCA 2022)
Lumech, Inc. appealed a non-final order from the Circuit Court for Miami-Dade County regarding personal jurisdiction.…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Timely Objection cases and more on FLexlaw
Opinion filed May 8, 2024. Not final until disposition of timely filed motion for rehearing.
________________
No. 3D23-1829 Lower Tribunal No. 22-23716
________________
Lumech, Inc., etc., et al.,
Appellants,
vs.
Union Venture Trading S.A., etc., Appellee.
An appeal from a non-final order from the Circuit Court for Miami-Dade County, Valerie R. Manno Schurr, Judge. Giasi Law, P.A., Erin M. Berger, and Melissa A. Giasi (Tampa), for appellants. ALGO Law Firm, LLP, and Ignacio M. Alvarez, for appellee. Before LINDSEY, MILLER, and LOBREE, JJ. PER CURIAM. Affirmed. See Allstate Mortg. Sols. Transfer, Inc. v. Bank of Am., N.A., 338 So. 3d 985, 988 (Fla. 3d DCA 2022) (“Florida law is well[-]settled that a defendant wishing to challenge personal jurisdiction must do so in the first step the defendant takes in the case, or this defense will be deemed waived, and the court will be deemed to have acquired jurisdiction over the defendant.”); see also Consol. Aluminum Corp. v. Weinroth, 422 So. 2d 330, 331 (Fla. 5th DCA 1982) (“A defendant wishing to contest personal jurisdiction must do so in the first step taken in the case, whether by motion or in a responsive pleading, or that issue is waived and [the] defendant has submitted himself to the court’s jurisdiction.”) (first citing Fla. R. Civ. P. 1.140(b), 1.140(h); then citing Miller v. Marriner, 403 So. 2d 472, 475 (Fla. 5th DCA 1981)); Snider v. Metcalfe, 157 So. 3d 422, 424 (Fla. 4th DCA 2015) (“Lack of personal jurisdiction is a waivable defense that must be raised at the ‘first opportunity’ and before the defendant takes any steps in the proceeding constituting submission to the court’s jurisdiction.”); Century-Nat’l Ins. Co. v. Frantz, 320 So. 3d 929, 931 (Fla. 2d DCA 2021) (finding defendant failed to timely object to personal jurisdiction by not disputing trial court’s exercise of jurisdiction over him or otherwise seeking to quash service of process in initial motion).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Pomeranz v. Rones (Fla. 3d DCA 2024)…llandale), for appellant. Victor K. Rones P.A., and Victor K. Rones and Jeremy S. Rones, for appellee. Before LINDSEY, MILLER and LOBREE, JJ. PER CURIAM. Affirmed. See Allstate Mortg. Sols. Transfer, Inc. v. Bank of Am., N.A., 2 338 So. 3d 985, 988 (Fla. 3d DCA 2022) (explaining that because first step defendant took in case “did not assert any challenge to service of process or otherwise contest the court’s jurisdiction over [him], [he] waived any subsequent challenge to personal juri…
-
Petersen v. Bain (M.D. Fla. 2024)…oc. 4; cf. Vax-D Med. Techs., LLC v. Texas Spine Med. 6 ---PAGE 7--- Case 3:24-cv-00746-WWB-SJH Document 12 Filed 10/15/24 Page 7 of 11 PageID 88 Ctr., 485 F.3d 593, 597 (11th Cir. 2007); Allstate Mortg. Sols. Transfer, Inc. v. Bank of Am., N.A., 338 So. 3d 985, 986, 988-89 (Fla. 3d DCA 2022).⁶ c. Failure to State a Claim To the extent Plaintiff may also attempt to assert any individual-capacity claims, Defendant argues under Rule 12(b)(6) and/or Rule 12(c) that he fails to plausibly allege a viable clai…
Authorities Cited
- Consol. Aluminum Corp. v. Weinroth, 422 So. 2d 330 (Fla. 5th DCA 1982)
- Miller v. Marriner, 403 So. 2d 472 (Fla. 5th DCA 1981)
- Snider v. Metcalfe, 157 So. 3d 422 (Fla. 4th DCA 2015)
- Century - Nat'l Ins. Co. v. Frantz, 320 So. 3d 929 (Fla. 2d DCA 2021)
- Allstate Mortg. Solutions Transfer, Inc. v. Bank of Am., N.A., 338 So. 3d 985 (Fla. 3d DCA 2022)