Allstate Mortgage Solutions Transfer, Inc. v. Bank of America, N.A.
In a residential foreclosure case, Allstate moved to quash service of process after previously filing a 'special appearance' motion for reconsideration of the order granting leave to amend the complaint that never contested service or personal jurisdiction. The Third DCA affirmed denial of the motion to quash, holding that the reconsideration motion was Allstate's first step in the case and waived any later challenge to service or personal jurisdiction, and that labeling the motion a 'special appearance' was immaterial because courts look to substance over form.
Key facts
- Allstate Mortgage Solutions Transfer, Inc., the defendant in a residential foreclosure action by Bank of America, N.A., was served with process but did not immediately challenge service or personal jurisdiction.
- Allstate filed a motion for reconsideration of an order granting leave to amend the complaint, seeking relief on other grounds without contesting service or personal jurisdiction.
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Why it matters
The opinion is a useful, citation-rich roadmap on waiver of service-of-process and personal jurisdiction defenses, confirming that the 'first step' rule applies to substantive motions filed before service is even… — full analysis with a trial
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