Civil Litigation
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Mason v. Hunton
27 Fla. L. Weekly D1081 (Fla. 5th DCA, May 17, 2002)
The Fifth District Court of Appeal held that filing a notice of appearance by counsel did not constitute a waiver of personal jurisdiction even when the notice contained additional language regarding where future documentation should be sent. Rule 1.140(b) of the Florida Rules of Civil Procedure specifically allows joinder of multiple defenses in a motion without waiving any of them. The Court found that a party is allowed to assert defenses or take other defensive actions in a motion while maintaining a personal jurisdiction defense. A request for affirmative relief was not made by filing a request for production of documents. The Court found that defendants were entitled to engage in discovery regarding the issue of personal jurisdiction.
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