Florida Department of Revenue ex rel. Godoy v. Castro
Florida Department of Revenue ex rel. Godoy v. Castro
Opinion of the Court
Florida Department of Revenue (DOR), petitioner below, appeals the dismissal for lack of jurisdiction of its complaint against appellee Victor E. Castro. We reverse because Castro waived his right to challenge the timeliness of service when he filed a motion to compel blood tests.
On December 6, 1994, DOR filed a complaint against Castro in order to establish paternity and an award of child support. He was subsequently served by substitute service, at' the home of his son-in-law, on September 30,1999. Castro filed a motion to extend the time to respond on October 19, 1999, stating, among other things, that he had been “improperly served.” On De
“The longstanding rule in Florida has been that if a defendant files any pleading [relating] to [the] merits of the case the defendant waives all challenges to service of process or jurisdiction.” Bailey, Hunt, Jones & Busto v. Scutieri, 759 So.2d 706, 708 (Fla. 3d DCA 2000). A defendant who goes beyond matters of defense and seeks affirmative relief waives a previously asserted objection to personal jurisdiction. See Babcock v. Whatmore, 707 So.2d 702, 704 (Fla. 1998). Although defensive actions by defendants do not constitute affirmative relief, those who participate in litigation by moving the court to grant requests materially beneficial to them submit themselves to the court’s jurisdiction. Id. at 705-06 n. 6 (citations omitted).
Castro argues that his motion for blood tests was a defensive motion, not a request for affirmative relief. We disagree. Castro was not merely denying paternity, he was asking the court to accept jurisdiction in order to take an action which would determine the merits of the case against him, and he was willing to accept the benefits of the court’s action. Thus, Castro did seek affirmative relief, and thereby waived his defense of lack of jurisdiction or improper service of process.
Reversed.
Reference
- Full Case Name
- Florida DEPARTMENT OF REVENUE on Behalf of Ana I. GODOY v. Victor E. CASTRO
- Cited By
- 3 cases
- Status
- Published