Scott-Lubin v. Lubin
2010 WL 4962879, 2010 Fla. App. LEXIS 18812, 49 So. 3d 838 (2010)
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Rule of Law:
A party waives their objection to a court's lack of personal jurisdiction by making a general appearance and participating in proceedings, even post-judgment, without simultaneously raising the jurisdictional challenge.
Facts:
- In 2005, a wife filed for dissolution of marriage but was unable to personally locate her husband.
- The court granted the wife permission to serve the husband by publication.
- The husband did not respond, and in 2006, a default final judgment was entered dissolving the marriage and awarding the wife the marital home, two cars, and permanent alimony.
- In 2008, the wife sought to enforce the judgment regarding unpaid alimony.
- In response, the husband's counsel filed a notice of appearance in the case.
- Subsequently, the husband appeared in person at a hearing before a magistrate and participated by arguing he was not aware of the final judgment, without raising an objection to personal jurisdiction.
Procedural Posture:
- The wife filed a petition for dissolution of marriage in a Florida trial court.
- After service by publication, the trial court entered a default final judgment against the husband in 2006.
- In 2008, the wife filed a motion in the same court to enforce the final judgment.
- The husband's counsel then filed a motion to vacate the 2006 final judgment, arguing the court lacked personal jurisdiction due to improper service.
- The trial court granted the husband's motion, finding the judgment void as to alimony and property distribution.
- The wife, as the appellant, appealed the trial court's order vacating the judgment to the Florida District Court of Appeal.
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Issue:
Does a party waive an objection to a court's lack of personal jurisdiction by making a general appearance and participating in post-judgment enforcement proceedings without contemporaneously challenging the court's jurisdiction?
Opinions:
Majority - Levine, J.
Yes. A party waives their right to object to a court's lack of personal jurisdiction by taking any step in the proceedings that amounts to a submission to the court's authority. The husband's participation in the post-judgment hearing, both through his counsel's notice of appearance and his own pro se appearance to argue the merits, constituted a general appearance. This action submitted him to the court's jurisdiction and waived his right to later contest the defective service of process, regardless of the fact that this participation occurred after the final judgment was entered. Therefore, the trial court erred in vacating the original judgment.
Analysis:
This decision reinforces the critical principle of waiver regarding personal jurisdiction challenges. It clarifies that the timing of a party's first appearance, even if it occurs years after a default judgment, is irrelevant; any participation on the merits without a simultaneous jurisdictional objection cures the initial defect. This prevents a party from ambushing the legal process by waiting to see the outcome of a proceeding before deciding whether to challenge jurisdiction. The ruling solidifies the rule that a jurisdictional defense must be raised at the earliest opportunity, or it is lost forever.
