5D99-3618 Schrimsher v. Department

State: Florida

Court: Florida Fifth District Court

Docket No: 5D99-3618 Schrimsher

Case Date: 05/28/2001

Preview:IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JANUARY TERM 2001

SCHRIMSHER LAND FUND V, LTD., etc. Appellant, v. DEPARTMENT OF TRANSPORTATION, et al., Appellee. ________________________________________/ Opinion filed June 1, 2001 Appeal from the Circuit Court for Seminole County, bThomas G. Freeman, Judge. Gordon H. Harris and Tracy A. Marshall of Gray, Harris & Robinson, P.A., Orlando, for Appellant. Pamela S. Leslie and Gregory G. Costas, Assistant General Counsels, Dept. of Transportation, Tallahassee, for Appellees. PER CURIAM. AFFIRMED. See Babcock v. Whatmore, 707 So.2d 702 (Fla. 1998)(holding that CASE NO. 5D99-3618

where affirmative relief is sought, challenge to jurisdiction is waived); Bailey, Hunt, Jones & Busto v. Scutieri, 759 So.2d 706 (Fla. 3d DCA 2000)(holding that defendant who files any pleading as to merits in a case waives all challenges to service of process or juisdiction); Ralph v. McLaughlin, 756 So.2d 240 (Fla. 2d DCA 2000)(holding same); Starks v. Howard,

611 So.2d 52 (Fla. 3d DCA 1992)(holding that party submits to court's jurisdiction and waives any jurisdictional defects by taking step in proceeding amounting to an appearance); Martin v. Ullman, 555 So.2d 1232 (Fla. 3d DCA 1989), rev. den., 564 So. 2d 487 (Fla. 1990)(holding that appellant's service of process and jurisdictional challenge was without merit where he actively participated in proceedings, including a presentation of testimonial evidence). THOMPSON, C.J., COBB, and SAWAYA, J.J., concur.

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