Superior Brokerage Services, Inc. v. Maduel
5/31/23, Per Curiam (May, Gerber, Levine)
Topics: Default Judgment
A default judgment was entered against Superior Brokerage Services, Inc., and the company moved for relief based on the argument that service of process was insufficient. The trial court found that the company had waived its right to complain about insufficient service because it had filed a motion to enlarge time to respond to the complaint.
The company argued that the attorney who filed the motion for extension did not have a right to appear on the company’s behalf. The judge denied the motion, and the company appealed.
Without reaching the question of whether the attorney had the right to appear on the company’s behalf or could waive anything on the company’s behalf, the DCA noted that filing a motion for enlargement of time does not constitute a general appearance in a case and, thus, does not waive a defense of lack of jurisdiction for insufficient service of process.