Winburn v. First Florida National Bank of Live Oak

District Court of Appeal of Florida

Winburn v. First Florida National Bank of Live Oak

490 So. 2d 220, 11 Fla. L. Weekly 1427, 1986 Fla. App. LEXIS 8584

CourtDistrict Court of Appeal of Florida

DecidedJune 25, 1986

DocketNo. BJ-465

StatusPublished

This text of 490 So. 2d 220 (Winburn v. First Florida National Bank of Live Oak) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Winburn v. First Florida National Bank of Live Oak, 490 So. 2d 220, 11 Fla. L. Weekly 1427, 1986 Fla. App. LEXIS 8584 (Fla. Ct. App. 1986).

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Opinion

PER CURIAM.

This cause is before us on appeal from an order of the trial court denying appellant's motion to vacate final judgment of foreclosure and motion to set aside default judgment and sale of foreclosed property for insufficiency of service of process. Appellant contends that his actions before the trial court did not constitute an appearance submitting him to the court's jurisdiction. Furthermore, assuming arguendo that he did appear, appellant asserts that an appearance after the entry of default cannot validate what would otherwise be a void judgment due to improper service of process. We disagree with both of appellant’s aforementioned claims.

As distinguished from Boyd v. Banc One Mortgage Corp., 488 So.2d 155 (Fla.3d DCA 1986), where the Third District Court of Appeal summarily found that none of the activities of Ms. Boyd’s counsel constituted a submission to the jurisdiction of the trial court, appellant in the case at bar argued the merits of his case through motion and sought to have the court grant him affirmative relief from default. Appellant waived any objection he had to the trial court’s exercise of jurisdiction over his person in the initial cause when he failed to timely present the defense of lack of jurisdiction over the person during subsequent proceedings in which he sought to have the trial court exercise its jurisdiction for his benefit. See Green v. Hood, 120 So.2d 223 (Fla.2d DCA 1960).

Accordingly, the order of the trial court is affirmed.

BOOTH, C.J., and ERVIN and THOMPSON, JJ., concur.

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PER CURIAM.

This cause is before us on appeal from an order of the trial court denying appellant's motion to vacate final judgment of foreclosure and motion to set aside default judgment and sale of foreclosed property for insufficiency of service of process. Appellant contends that his actions before the trial court did not constitute an appearance submitting him to the court's jurisdiction. Furthermore, assuming arguendo that he did appear, appellant asserts that an appearance after the entry of default cannot validate what would otherwise be a void judgment due to improper service of process. We disagree with both of appellant’s aforementioned claims.

As distinguished from Boyd v. Banc One Mortgage Corp., 488 So.2d 155 (Fla.3d DCA 1986), where the Third District Court of Appeal summarily found that none of the activities of Ms. Boyd’s counsel constituted a submission to the jurisdiction of the trial court, appellant in the case at bar argued the merits of his case through motion and sought to have the court grant him affirmative relief from default. Appellant waived any objection he had to the trial court’s exercise of jurisdiction over his person in the initial cause when he failed to timely present the defense of lack of jurisdiction over the person during subsequent proceedings in which he sought to have the trial court exercise its jurisdiction for his benefit. See Green v. Hood, 120 So.2d 223 (Fla.2d DCA 1960).

Accordingly, the order of the trial court is affirmed.

BOOTH, C.J., and ERVIN and THOMPSON, JJ., concur.

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490 So. 2d 220, 11 Fla. L. Weekly 1427, 1986 Fla. App. LEXIS 8584, Counsel Stack Legal Research, https://law.counselstack.com/opinion/winburn-v-first-florida-national-bank-of-live-oak-fladistctapp-1986.

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