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Caldwell v. Caldwell

District Court of Appeal of Florida, First District
Feb 22, 2006
921 So. 2d 759 (Fla. Dist. Ct. App. 2006)

Summary

holding that a party loses its right to contest default final judgment on grounds of defective service of process by entering general appearance unless it also contests service of process or raises issue of personal jurisdiction

Summary of this case from J.L. v. State

Opinion

No. 1D04-4888.

February 22, 2006.

Appeal from the Circuit Court, Duval County, David C. Wiggins, J.

Nina R. Price and Janet E. Johnson of Price Johnson, P.A., Jacksonville, for Appellant.

Jonathan J. Luca, Jacksonville, for Appellee.


James Willie Caldwell, Jr., the husband, appeals an order denying his motion to vacate and set aside the parties' final judgment of dissolution of marriage. After defective service of process, a default judgment was entered against him. Thereafter, the husband's counsel filed a notice of appearance without challenging the service of process or raising an issue with regard to personal jurisdiction. Further proceedings occurred in the dissolution action in which the husband participated. Thereafter, the husband filed his motion to vacate and set aside the final judgment, alleging for the first time that the final judgment was void for lack of personal jurisdiction based upon the defects in the service of process. The trial court denied the motion to vacate on the grounds that the husband had actual knowledge of and "did in fact receive all of the divorce papers." The law is clear, however, that "actual notice of [the] lawsuit does not render the service of process valid." Bedford Computer Corp. v. Graphic Press, Inc., 484 So.2d 1225, 1227 (Fla. 1986). Nonetheless, even though the trial court's reasoning was erroneous, the trial court reached the correct result, and pursuant to the "tipsy coachman rule," we affirm. First Union Nat'l Bank v. Turney, 839 So.2d 774, 777 (Fla. 1st DCA 2003). By entering a general appearance without contesting personal jurisdiction, Caldwell waived this defense. Leipuner v. F.D.I.C., 860 So.2d 1027, 1028 (Fla. 5th DCA 2003); Lennar Homes, Inc. v. Gabb Constr. Servs., 654 So.2d 649, 651 (Fla. 3d DCA 1995). See also Solmo v. Friedman, 909 So.2d 560, 564 (Fla. 4th DCA 2005) ("If a party does not challenge personal jurisdiction until after a general appearance in the case, the party has waived the right to contest personal jurisdiction.").

AFFIRMED.

ALLEN, VAN NORTWICK and POLSTON, JJ., concur.


Summaries of

Caldwell v. Caldwell

District Court of Appeal of Florida, First District
Feb 22, 2006
921 So. 2d 759 (Fla. Dist. Ct. App. 2006)

holding that a party loses its right to contest default final judgment on grounds of defective service of process by entering general appearance unless it also contests service of process or raises issue of personal jurisdiction

Summary of this case from J.L. v. State

holding party lost right to contest default final judgment on grounds of defective service of process by entering general appearance without simultaneously contesting service of process or raising issue of personal jurisdiction

Summary of this case from Tata v. Tata

holding party lost right to contest default final judgment on grounds of defective service of process by entering general appearance without simultaneously contesting service of process or raising issue of personal jurisdiction

Summary of this case from Johnson v. State

finding that by entering a general appearance without challenging defective service of process, a party waives this defense

Summary of this case from Opella v. Bayview Loan Servicing

concluding that entering a general appearance following default without raising sufficiency of service of process or lack of personal jurisdiction constituted a waiver

Summary of this case from Dolan v. Dolan

concluding that entering a general appearance following default without raising sufficiency of service of process or lack of personal jurisdiction constituted a waiver

Summary of this case from Brivis v. Von Plinski

concluding that entering a general appearance following default without raising sufficiency of service of process or lack of personal jurisdiction constituted a waiver

Summary of this case from Brivis Enterprises v. Plinski

recognizing that "[b]y entering a general appearance without contesting personal jurisdiction, [the defendant] waived this defense"

Summary of this case from Aberman v. Ford, Miller & Wainer, P.A.
Case details for

Caldwell v. Caldwell

Case Details

Full title:James Willie CALDWELL, Jr., husband, Appellant, v. Glenda Williams…

Court:District Court of Appeal of Florida, First District

Date published: Feb 22, 2006

Citations

921 So. 2d 759 (Fla. Dist. Ct. App. 2006)

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