Joel Ramsey v. City First Mortgage Corp.

Summary

The Florida Third District Court of Appeal reviews an appeal from an order overruling an objection to a judicial mortgage foreclosure sale and directing issuance of a certificate of title. The court holds that Joel Ramsey waived his personal-jurisdiction challenge by failing to raise it at the first opportunity, while 7 Zeros Group, LLC did not waive the issue because it moved to quash service in its first authorized motion. The court affirms as to Ramsey, reverses as to 7 Zeros, and remands for an evidentiary hearing on the validity of service of process.

Holdings

1. Ramsey waived the asserted lack-of-personal-jurisdiction error because he failed to raise it at the first opportunity and took steps in the proceeding constituting submission to the court's jurisdiction.
2. 7 Zeros did not waive its objection because it moved to quash service in its first authorized motion.
3. The trial court must conduct an evidentiary hearing concerning the validity of service of process upon 7 Zeros before resolving the service objection.

Questions Presented

1. Whether Joel Ramsey waived his objection to personal jurisdiction based on defective service of process by failing to raise it at the first opportunity.
2. Whether 7 Zeros Group, LLC preserved its service-of-process and personal-jurisdiction objection by raising it in its first authorized motion.
3. Whether the trial court was required to conduct an evidentiary hearing to determine the validity of service of process upon 7 Zeros Group, LLC.

Disposition

reversed_and_remanded