JJJTB, Inc. v. Stephen V. Schmidt, et al.

The Florida Supreme Court resolved a certified conflict between the Second and Fourth District Courts of Appeal, holding that case jurisdiction (also called procedural or continuing jurisdiction) is waivable. Unlike subject matter jurisdiction—which cannot be waived—case jurisdiction concerns only a court's procedural authority to act given the posture of the particular case, and a party must timely raise any defect or forfeit the objection. Because Schmidt never raised the trial court's lack of case jurisdiction during two years of trial court proceedings and actively sought affirmative relief, Schmidt waived the objection and could not raise it for the first time on appeal to obtain reversal of an adverse foreclosure judgment.

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