Legal Opinion

Yelton v. Wells Fargo Bank, N.A.

District Court of Appeal of Florida

Decided August 22, 2014No. 1D13-5630PublishedCited by 1 opinion

1Per curiam

We reverse the non-final order on appeal denying Appellant’s motion to quash service of process. The order states that Appellant waived her defense of lack of jurisdiction by filing a pro se motion for enlargement of time to respond to Appellee’s mortgage foreclosure complaint. However, a motion for enlargement of time that does not go to the merits of the case is not “active participation” in the proceedings, and therefore, does not constitute submission to the court’s jurisdiction and waiver of any objection to service of process. See DeGiovanni v. BAG Home Loans Serv., L.P., 83 So.3d 934,…

2Cases cited3 opinions

  1. Barrios v. Sunshine State BankDistrict Court of Appeal of Florida · 1984
  2. Byers v. FIA Card Services, N.A.District Court of Appeal of Florida · 2012
  3. DiGiovanni v. BAC Home Loans Servicing, L.P.District Court of Appeal of Florida · 2012

3Cited by1 opinion

  1. Keeter v. Bank of New York Mellon ex rel. Holders of the Alternative Loan Trust 2006-0A11District Court of Appeal of Florida · 2016

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