Summary
The Florida Second District Court of Appeal affirmed an order denying Governor Jeb Bush's motion to dismiss an action challenging the constitutionality of Terri's Law. The court held that the Governor submitted to the trial court's jurisdiction by participating through counsel in an injunction hearing and that Pinellas County was a proper venue under the sword-wielder doctrine.
Topics
Practice areas
Questions Presented
- Whether the Governor submitted to the trial court's personal jurisdiction by participating through counsel in the temporary-injunction hearing without objecting to service or jurisdiction and obtaining material benefits from that participation.
- Whether Pinellas County was a proper venue for an action challenging the Governor's enforcement of a statute affecting Theresa Schiavo's care, notwithstanding the governmental agency home-county rule.
Holdings
- By participating through counsel in the injunction hearing, arguing the merits, requesting a briefing schedule, and obtaining material benefits, the Governor submitted to the trial court's jurisdiction and waived any objection based on lack of service of process.
- The sword-wielder doctrine applied, making Pinellas County a proper venue because the action sought to shield Theresa Schiavo from an alleged invasion of her constitutional privacy rights by the State in the county where she resided.
Key quotations
“We conclude that by participating in the hearing through counsel and receiving material benefits as a result of that participation, the Governor submitted to the jurisdiction of the trial court.” (871 So. 2d at 1014)
“If a party takes some step in the proceedings which amounts to a submission to the court's jurisdiction, then it is deemed that the party waived his right to challenge the court's jurisdiction regardless of the party's intent not to concede jurisdiction.” (871 So. 2d at 1014)
Factual background
The Governor entered a statutory stay under chapter 2003-418, popularly known as Terri's Law, and directed the reinsertion of Theresa Schiavo's nutrition and hydration tubes. Michael Schiavo then filed a constitutional challenge and sought an emergency temporary injunction in Pinellas County. Before the Governor was personally served, his counsel participated in the injunction hearing, argued against immediate injunctive relief, and requested additional time to brief the issues. The Governor later challenged personal jurisdiction and venue, asserting that venue belonged in Leon County.
Procedural history
Michael Schiavo filed an action seeking a declaration that chapter 2003-418, Laws of Florida, was unconstitutional and requested a temporary injunction against the Governor's enforcement of the statute. Although personal service was not completed until November 20, 2003, the Governor's counsel participated telephonically in the October 21, 2003, injunction hearing, argued the merits, and requested a briefing schedule. The trial court denied the injunction, permitted briefing, denied the Governor's motion to dismiss, and held that Pinellas County was a proper venue. The district court of appeal affirmed.