ESKENAZI v. ESKENAZI (2019)

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))).

PER CURIAM.