USA – FLORIDA Law and Practice Contributed by: Elisha D. Roy, Sasser, Cestero & Roy
Sack v Sack, 184 So. 2d 434, 436 (Fla. 3d DCA 1966) (citing 10 Fla. Jur., Divorce, Separation and Annulment, Section 308).
without contesting jurisdiction, the objection is waived. Scott-Lubin v Lubin, 49 So. 3d 838, 840 (Fla. 4th DCA 2010). A party is able to apply to stay proceedings in order to pursue divorce proceedings in a for - eign jurisdiction. A party may file a motion to stay or for an anti-suit injunction. Florida courts consider the following factors when addressing this issue. • Florida is a first-to-serve state not a first-to- file state. Mabie v Garden St. Mgmt. Corp., 397 So. 2d 920, 921 (Fla. 1981) (citing Mar - tinez v Martinez, 153 Fla. 753, 15 So. 2d 842 (Fla. 1943)). • Where courts within one sovereignty have concurrent jurisdiction, the court that first exercises its jurisdiction acquires exclusive jurisdiction to proceed with that case. This is called the “principle of priority”. 20 Am. Jur.2d Courts § 128 (1965). • The “principle of priority” is not applicable between sovereign jurisdictions as a matter of duty. As a matter of comity, however, a court of one state may, in its discretion, stay a proceeding pending before it on the grounds that a case involving the same subject matter and parties is pending in the court of another state. Bedingfield v Bedingfield, 417 So. 2d 1047, 1050 (Fla. 4th DCA 1982). • This does not mean that a trial court must always stay proceedings when the prior proceedings involving the same issues and parties are pending before a court in another state but only that ordinarily this should be the result. “There may well be circumstances under which the denial of a stay could be justified upon a showing of the prospects for undue delay in the disposition of a prior action”. Norris v Norris, 573 So. 2d 1085, 1086 (Fla. 4th DCA 1991) (citing Schwartz v
2. Financial Proceedings 2.1 Choice of Jurisdiction
The grounds for jurisdiction for commencing financial proceedings in Florida are that the mar - riage is irretrievably broken. There is also the ability to seek support uncon - nected with a dissolution of marriage. While it is unusual, in cases where a party does not want to get divorced but has been financially abandoned by their spouse, they can seek both alimony/ spousal support and child support. In order to resolve issues regarding support or property, the court must have both subject mat - ter jurisdiction and jurisdiction over the person. There are three methods to obtaining jurisdiction over the person. They are: in personam, in rem, and quasi in rem. If a person is a Florida resident the court has in personam jurisdiction. Patten v Mokher, 184 So. 29 (Fla. 1938). A person can also voluntarily appear in Florida, consenting to jurisdiction. See Brown v Brown, 786 So. 2d 611 (Fla. 1st DCA 2001). If a party is personally served while volun - tarily in Florida not by fraud or for another court appearance, in personam jurisdiction is estab - lished. See Wolfson v Wolfson, 455 So. 2d 577, 578 (Fla. 4th DCA 1984). Lastly, in personam jurisdiction may be acquired through Florida’s long-arm statute (§ 48.193 Fla. Stat). A party may timely contest personal jurisdiction. Fla. Fam. L. R. P. 12.140(b)(2). However, if a party seeks affirmative relief or participates in the case
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