Affenita v. Storfer

Fourth DCA

Affenita v. Storfer—(Per Curiam Klingensmith, May & Conner; 4DCA; 1/18/23). The trial court entered a default judgment against the defendant. While most grounds for the default judgment were affirmed, the DCA reversed the lower court’s holding that the defendant had waived a defense of lack of personal jurisdiction. The jurisdictional issue was raised before the defendant filed a motion to vacate, and the defendants did not take any action inconsistent with a lack of personal jurisdiction defense. Though other grounds for default were proper, if the trial court lacked jurisdiction over any of the defendants, that would render the order void as to that defendant, and it could be attacked at any time. Reversed and remanded for the trial court to consider the question of personal jurisdiction on the merits.

Terry P. Roberts
Director of Appellate Practice Fischer Redavid PLLC
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