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Florida Second DCA rules that defendant waived objection to personal jurisdiction by not timely raising the issue earlier by motion or responsive pleading

On May 12, 2021, in Century-National Insurance Company v. Frantz, No. 2D20-522, the Florida Second DCA reversed a trial court’s ruling in an insurance declaratory judgment action which denied the plaintiff insurance company’s motion for a final default judgment. The basis for the trial court’s ruling was that it did not have personal jurisdiction over the insured, whose father had accepted service of the complaint on his behalf. The Second DCA noted that the insured had never sought to quash service of process. The Court quoted 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."

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