waivable defense (Florida) · Go Syfert
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waivable defense in Florida

7 Florida opinions name it 2 courts 2018–2025 4 in the last five years

The cases below were cited by Florida courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (6)

CaseFollowedCited
Stephen H. Snider v. Mary Lou Snider Metcalfe, etc., and Randy Ransom Culler, etc.green
fladistctapp · 2015 · cited in 6 Florida opinions naming this issue, 2018–2025
2 sentences

2025See Clear 2 Close Title, LLC v. Zap Cap., Inc., 373 So. 3d 1183 , 1187 (Fla. 3d DCA 2023) (“A trial court's ruling on a motion to quash service of process, to the extent it involves questions of law, is subject to de novo review.”); see also 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.”).

2024P. 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.

66
CONSOLIDATED ALUMINIUM CORP. v. Weinrothgreen
fladistctapp · 1982 · cited in 2 Florida opinions naming this issue, 2022–2024
2 sentences

2024Aluminum Corp. v. Weinroth, 422 So. 2d 330, 331 (Fla. 5th DCA 1982))); 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.”). 1 Accordingly we reverse the trial court’s dismissal order and remand this case for further proceedings.

2022See Consolidated Aluminum Corp. v. Weinroth, 422 So. 2d 330, 331 (Fla. 5th DCA 1982); see also 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 6 opportunity’ and before the defendant takes any steps in the proceeding constituting submission to the court’s jurisdiction.”); Lennar Homes, Inc. v. Gabb Constr.

22
Miller v. Marrinergreen
fladistctapp · 1981 · cited in 1 Florida opinions naming this issue, 2024–2024
1 sentence

2024P. 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.

11
Lennar Homes v. Gabb Const. Servicesgreen
fladistctapp · 1995 · cited in 1 Florida opinions naming this issue, 2022–2022
1 sentence

2022Servs., Inc., 654 So. 2d 649, 651 (Fla. 3d DCA 1995) (“A defendant who fails to contest the sufficiency of service of process at the inception of the case . . . has waived [its right to assert] this defense . . . at a later stage in the proceedings.”); Cumberland Software, Inc. v. Great Am.

11
Krivanek v. TAKE BACK TAMPA POLITICAL COM.green
fla · 1993 · cited in 1 Florida opinions naming this issue, 2020–2020
1 sentence

2020See Krivanek v. Take Back Tampa Political Comm., 625 So. 2d 840, 842 (Fla. 1993).

11
Bryant v. Stategreen
fladistctapp · 1995 · cited in 1 Florida opinions naming this issue, 2018–2018
1 sentence

2018(Crim.) 15.3. 5 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.”); Bryant v. State, 650 So. 2d 68, 69-70 (Fla. 5th DCA 1995) (holding that where the state files an information against a defendant after the speedy trial period, a defendant waives the speedy trial right without taking timely action).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Florida. Read the followed side critically anyway.

Where else courts name it

PA 29 (1959–2026) AL 17 (2006–2026) OH 11 (1980–2025) FL 7 (2018–2025) NY 6 (1989–2025) CA 4 (1994–2019) TX 4 (1993–2008) NJ 3 (2003–2025) KS 3 (1988–2024) NV 2 (2013–2021) NM 2 (2022–2024) UT 2 (2005–2026) GA 2 (1995–2026) IN 2 (2004–2004)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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