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Schrimsher Land Fund v. Dept. Trans

District Court of Appeal of Florida, Fifth District
Jun 1, 2001
785 So. 2d 750 (Fla. Dist. Ct. App. 2001)

Opinion

Case No. 5D99-3618.

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.


AFFIRMED. See Babcock v. Whatmore, 707 So.2d 702 (Fla. 1998) (holding that 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.


Summaries of

Schrimsher Land Fund v. Dept. Trans

District Court of Appeal of Florida, Fifth District
Jun 1, 2001
785 So. 2d 750 (Fla. Dist. Ct. App. 2001)
Case details for

Schrimsher Land Fund v. Dept. Trans

Case Details

Full title:SCHRIMSHER LAND FUND V, LTD., etc. Appellant, v. DEPARTMENT OF…

Court:District Court of Appeal of Florida, Fifth District

Date published: Jun 1, 2001

Citations

785 So. 2d 750 (Fla. Dist. Ct. App. 2001)