Inter American Coal, S.A. v. SHE DDF2-FL2, LLC
A junior lienholder served by publication in a foreclosure moved to quash service and set aside a default, but simultaneously argued it had lien priority over the foreclosing plaintiff. The Third District held that arguing lien priority was a request for affirmative relief inconsistent with the jurisdictional objection, thereby waiving the service-of-process challenge, and affirmed the final judgment of foreclosure without reaching the sufficiency of constructive service.
Key facts
- Junior lienholder SHE DDF2-FL2, LLC was served by publication in a foreclosure action brought by Inter American Coal, S.A.
- The junior lienholder moved to quash service and set aside the default judgment, but simultaneously argued that its lien had priority over the foreclosing plaintiff's lien.
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Why it matters
The opinion gives practitioners a concrete illustration of the line between defensive argument and affirmative relief in the waiver-of-jurisdiction context: labeling an argument a 'meritorious defense' does not insulate… — full analysis with a trial
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