Snider v. Metcalfe, ___ So. 3d ___, 40 Fla. L. Weekly D339 (Fla. 4th DCA February 4, 2015.
The plaintiff was a beneficiary under three trusts created by his deceased father’s will. He sued the co-trustees for breach of fiduciary duty and breach of trust. Initially, the defendants moved to dismiss based upon the statute of limitations and laches. Two years later, they amended their motion to assert the defense of lack of personal jurisdiction. The trial court granted the motion, and the appellate court affirmed. The defendants did not waive their objection to personal jurisdiction because they amended their motion to assert the defense before the trial court conducted a hearing on their original motion. In addition, the defendants did not voluntarily submit to the jurisdiction of the court or seek affirmative relief by filing notice of their intent to use trust funds to pay attorney’s fees and costs or by responding twice to discovery on the merits. Judge Stevenson concurred in Judge Forst’s majority opinion, but Judge Klingensmith dissented.
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