MARTINEZ V. JLM

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NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF. IN THE DISTRICT COURT OF APPEAL OF FLORIDA THIRD DISTRICT JULY TERM, A.D. 2001 FERNANDO MARTINEZ and JOSE TRINIDAD MARTINEZ PEDRAJA, ** ** Appellants, ** vs. CASE NO. 3D01-2078 ** JLM INDUSTRIES DE VENEZUELA, C.A., a Venezuelan Corp. ** Appellee. LOWER TRIBUNAL NO. 01-1334 ** Opinion filed November 7, 2001. An appeal from a non-final order from the Circuit Court for Miami-Dade County, Thomas S. Wilson, Jr., Judge. Carman, Beauchamp & Sang, P.A. and Rhea P. Grossman (Boca Raton), for appellant. Andrew M. Schwartz (Deerfield Beach), for appellee. Before JORGENSON, GREEN, and RAMIREZ, JJ. PER CURIAM. Contrary to the arguments made by appellants on this appeal, we agree with the trial court s determination that the appellants waived their challenges to the court s personal jurisdiction over them. Waiver attached when, without first filing objections to personal jurisdiction, one of the appellants filed an emergency motion to dissolve the prejudgement writ of garnishment and assess sanctions against the appellee and both appellants moved to dismiss this action for the appellee s failure to file a nonresident plaintiff cost bond pursuant to Section 57.011, Florida Statutes (1995). We conclude that these motions constituted requests for affirmative relief resulting in challenge to personal jurisdiction. a waiver of any subsequent See Babcock v. Whatmore, 707 So. 2d 702, 703 (Fla. 1998) (defendant waives challenge to personal jurisdiction by seeking affirmative relief). Roth, 192 So. 2d 537 (Fla. 2d DCA 1966). Affirmed. 2 See also Green v.

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