Legal Opinion · Dissent

Stephen H. Snider v. Mary Lou Snider Metcalfe, etc., and Randy Ransom Culler, etc.

District Court of Appeal of Florida

Decided February 4, 2015No. 4D13-4043Published

1DissentKlingensmith, J.

In my view, Appellees waived their right to contest personal jurisdiction. It is well-settled that lack of personal jurisdiction is a privileged defense that can be waived “by failure to assert it seasonably, by formal submission in a cause, or by submission through conduct.” Neirbo Co. v. Bethlehem Shipbuilding Corp., 308 U.S. 165,168, 60 S.Ct. 153, 84 L.Ed. 167 (1939); see also Leroy v. Great W. United Corp., 443 U.S. 173, 99 S.Ct. 2710, 61 L.Ed.2d 464 (1979).

As acknowledged by the majority, Ap-pellees filed their notice of intent to use trust funds to pay for attorneys’ fees, and…

2Cases cited26 opinions

  1. Leroy v. Great Western United Corp.Supreme Court of the United States · 1979
  2. Neirbo Co. v. Bethlehem Shipbuilding Corp.Supreme Court of the United States · 1939
  3. Peterson v. Highland Music, Inc.Court of Appeals for the Ninth Circuit · 1998
  4. Linda Hamilton, Individually and as of the Estate of George Hamilton v. Atlas Turner, Inc.Court of Appeals for the Second Circuit · 1999
  5. Commercial Casualty Insurance v. Consolidated Stone Co.Supreme Court of the United States · 1929

21 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API