Monica Alice Ullrich v. Federal Mortgage Lending, LLC, Etc.

Summary

The Florida Third District Court of Appeal affirmed the portion of a non-final order denying Monica Alice Ullrich’s motion to quash service of process, holding that she waived her improper-service claim by failing to raise it at the first opportunity. The court dismissed the remainder of the appeal for lack of jurisdiction because the portion denying reconsideration of an earlier interlocutory order was not appealable under Florida Rule of Appellate Procedure 9.130.

Holdings

1. The court had jurisdiction to review the portion of the challenged non-final order denying the motion to quash service of process under Florida Rule of Appellate Procedure 9.130(a)(3)(C)(i).
2. A party waives an improper-service claim by failing to raise it at the first opportunity, including in the party's initial motion to vacate a default.
3. The portion of the July 1, 2025 non-final order denying reconsideration of the earlier interlocutory order denying the motion to vacate the judicial default was not appealable under Rule 9.130 and had to be dismissed for lack of jurisdiction.

Questions Presented

1. Whether the appellate court had jurisdiction to review the portion of the non-final order denying the motion to quash service of process.
2. Whether Ullrich waived her improper-service claim by failing to raise it in her first motion to vacate the judicial default.
3. Whether the portion of the non-final order denying reconsideration of the prior interlocutory order was appealable.

Disposition

other