Fradera v. Fradera
In a dissolution case where the parties stipulated the trial court lacked personal jurisdiction over the nonresident husband, the husband moved under section 64.061(4) for appointment of a special magistrate to conduct a private sale of the jointly owned property in the wife's partition claim. The trial court held that motion was a request for affirmative relief materially beneficial to him, waiving his jurisdictional objection. The Fifth DCA reversed, holding that a motion that is wholly dependent on the opposing party's partition petition and merely advances the statutory in rem procedure is not 'affirmative relief' waiving personal jurisdiction.
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