Brivis Enterprises, Inc. v. Plinski, 3D07-995.
| Decision Date | 02 April 2008 |
| Docket Number | No. 3D07-995.,3D07-995. |
| Citation | 976 So.2d 1244 |
| Parties | BRIVIS ENTERPRISES, INC., Appellant, v. Teresita VON PLINSKI, as Personal Representative of the Estate of David Garcia, and all survivors, Appellee. |
| Court | Florida District Court of Appeals |
Michael A. Vandetty, Miami, for appellant.
The Alvarez Firm; Robert S. Glazier, Miami, for appellee.
Before WELLS, ROTHENBERG and SALTER, JJ.
ON MOTION FOR REHEARING
We grant the motion for rehearing in part to correct a factual error, withdraw the opinion filed on February 27, 2008, and substitute the following opinion in its place.
Brivis Enterprises, Inc. appeals from an order denying its motion to quash service of process and to dismiss for lack of personal jurisdiction, filed after it had answered the complaint, moved to set aside a default, and engaged in discovery, all without mentioning service of process or personal jurisdiction. Because the defense was waived, we affirm. See Berne v. Beznos, 819 So.2d 235, 238 (Fla. 3d DCA 2002) (); Parra v. Raskin, 647 So.2d 1010, 1011 (Fla. 3d DCA 1995) (); see also Caldwell v. Caldwell, 921 So.2d 759, 760 (Fla. 1st DCA 2006) (); Solmo v. Friedman, 909 So.2d 560, 564 (Fla. 4th DCA 2005) ().
Affirmed.
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