MARK L. POMERANZ
v.
VICTOR K. RONES, ETC.
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The Third District Court of Appeal affirmed a lower court order in a dispute between Mark L. Pomeranz and Victor K. Rones, holding that Pomeranz waived any challenge to personal jurisdiction by failing to raise service of process issues at the earliest opportunity.
Pomeranz waived any challenge to personal jurisdiction because he did not assert a challenge to service of process or contest the court's jurisdiction in his initial pleading, thereby submitting himself to the trial court's jurisdiction.
[1] A defendant waives the defense of insufficient service of process and any challenge to personal jurisdiction by failing to assert such defenses in a pre-answer motion to…
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Join FLexlaw to unlock all legal intelligence“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 jurisdiction, and could not validly contest the sufficiency of service of process in a subsequently filed motion to quash service of process"”
Establishes the waiver doctrine: failure to timely challenge jurisdiction waives the right to later contest personal jurisdiction
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Join FLexlaw to unlock all legal intelligencePomeranz appealed a non-final order from the Circuit Court for Miami-Dade County. The case involved a dispute with Rones regarding service of process …
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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., 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 jurisdiction, and could not validly contest the sufficiency of service of process in a subsequently filed motion to quash service of process”); Chestnut v. Nationstar Mortg. LLC, 255 So. 3d 397, 399 (Fla. 3d DCA 2018) (“By failing to raise service of process in his pre-answer motion to dismiss, Chestnut submitted himself to the trial court’s jurisdiction and thus waived his right to later assert that defense.”).
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