JOHNSON JOHNSON v. MSP RECOVERY CLAIMS SERIES LLC (2024)

ON MOTION FOR WRITTEN OPINION

We grant Appellants Johnson & Johnson and Ethicon, Inc.’s motion for a written opinion. We withdraw our prior opinion issued on August 14, 2024, and substitute this opinion in its stead.

Because Appellants waived personal jurisdiction, we need not address the substantive issues on appeal.¹ A defendant's objection to personal jurisdiction must be raised “in the first step the defendant takes in the case” or it is waived. See Allstate Mortg. Sols. Transfer, Inc. v. Bank of Am., N.A., 338 So. 3d 985, 988 (Fla. 3d DCA 2022). Appellants filed three motions to dismiss before challenging personal jurisdiction. Therefore, Appellants have consented to jurisdiction in Florida. See Fla. R. Civ. P. 1.140(b) (“Every defense in law or fact to a claim for relief in a pleading must be asserted in the responsive pleading, if one is required, but the following defenses may be made by motion at the option of the pleader ․ (2) lack of jurisdiction over the person ․ Any ground not stated must be deemed to be waived ․”).

Affirmed.

FOOTNOTES

1.   On appeal, Appellants also raised the following issues: whether the trial court was correct that MSP Recovery Claims, Series LLC v. Coloplast Corp., 353 So. 3d 705, 706 (Fla. 3d DCA 2023) is controlling and Appellants are subject to jurisdiction pursuant to section 48.193(1)(a)(1); whether Appellants were required to provide an affidavit when objecting to personal jurisdiction; and whether dismissal with prejudice was warranted.

PER CURIAM.