Scott-Lubin v. Lubin
Florida Court of Appeals for the Fourth District
49 So. 3d 838 (2010)
Relevant factsFree
After Sheila Scott-Lubin (plaintiff) obtained a 2006 default divorce judgment against Paul Lubin (defendant) via service by publication, Paul appeared -- through counsel and later pro se -- at a 2008 enforcement hearing without objecting to jurisdiction, only later moving to vacate the judgment on the ground he was never personally served; the trial court found it lacked jurisdiction over the ancillary economic issues and voided the judgment except as to the divorce itself.
IssueFree
Whether an individual waives the right to challenge jurisdiction if the individual makes an appearance without contemporaneously objecting to jurisdiction, even if that appearance occurs post-judgment.