Opinion
No. 3D18-1924
10-16-2019
Patrick ESKENAZI, Appellant, v. Marina Bidault ESKENAZI, Appellee.
Yveline F. Paul (LaBelle), for appellant. Graham Legal, P.A., H. Dillon Graham, III, and Marilyn Byrd, for appellee.
Yveline F. Paul (LaBelle), for appellant.
Graham Legal, P.A., H. Dillon Graham, III, and Marilyn Byrd, for appellee.
Before LOGUE, SCALES and GORDO, JJ.
PER CURIAM.
Affirmed. A party who seeks affirmative relief from a court submits himself to that court's jurisdiction. See, e.g., Babcock v. Whatmore, 707 So. 2d 702, 704–05 (Fla. 1998) (holding that even a timely objection to personal jurisdiction is waived when affirmative relief is sought); Solmo v. Friedman, 909 So. 2d 560, 564 (Fla. 4th DCA 2005) ("Active participation in the proceedings in the trial court ... constitutes a submission to the court's jurisdiction and a waiver of any objection." (citing Bush v. Schiavo, 871 So. 2d 1012, 1014 (Fla. 2d DCA 2004) )); Leipuner v. FDIC, 860 So. 2d 1027, 1028 (Fla. 5th DCA 2003) ("Participation in the proceedings amounts to a general appearance, and thereby constitutes a waiver of any alleged defects in service or in jurisdiction." (citing Martin v. Ullman, 555 So. 2d 1232 (Fla. 3d DCA 1989) )). Additionally, a trial court has subject matter jurisdiction over dissolution petitions of non-citizens who satisfy the residency requirements of Florida Statutes section 61.021. See, e.g., Nicolas v. Nicolas, 444 So. 2d 1118, 1120 (Fla. 3d DCA 1984) (finding that status as a foreign national was not a bar to maintaining a dissolution action where other facts established statutory residence); Perez v. Perez, 164 So. 2d 561, 563 (Fla. 3d DCA 1964) ("An alien who is a citizen of another country can acquire a domicile or ‘residence’ sufficient to satisfy the jurisdictional requirement for divorce." (citing Pawley v. Pawley, 46 So. 2d 464, 471 (Fla. 1950) )).