Gannon v. Cuckler, Case No. 2D17-4888 (Fla. 2d DCA 2019).
Lack of personal jurisdiction must be raised by motion pursuant to Florida Rule of Civil Procedure 1.140(b) otherwise it is waived; conflict certified with Third, Fourth and Fifth District Courts of Appeal.U.S. Bank, National Association v. Sturm, Case No. 2D18-757 (Fla. 2d DCA 2019).
A foreclosing lender may claim as damages all monies due, not just those that accrued within five years of default; the Second aligns with the Third, Fourth and Fifth Districts.Eskenazi v. Eskenazi, Case 3D18-1924 (Fla. 3d DCA 2019).
A party that seeks affirmative relief from a court consents to the court’s jurisdiction.Hurchalla v. Homeowners Choice Property & Casualty Insurance Company, Inc., Case Nos. 4D18-2740 and 4D18-2935 (Fla. 4th DCA 2019).
An insurer may estopped from later denying a defense even where the policy does not cover the claim where the insurer defends the insured and the insured has been prejudiced by the insurer’s assumption of the insured’s defense.Cabrera v. U.S. Bank National Association, Case No. 4D18-3537 (Fla. 4th DCA 2019).
An order dismissing a counterclaim seeking class certification of alleged foreclosure damages is, in effect, an order denying class certification under Florida Rule of Appellate Procedure 9.130(a)(3)(C)(vi) and is immediately appealable.Mahinbakht v. Mahinbakht, Case No. 4D18-3614 (Fla. 4th DCA 2019).
Residence in Florida alone is not a basis to deny a Motion for Forum Non Conveniens.
