SUPERIOR BROKERAGE SERVICES INC v. MADUEL LLC (2023)

ON CONFESSION OF ERROR

Superior Brokerage Services, Inc., appeals a trial court order denying its motion for relief from default final judgment. The trial court found that Superior Brokerage waived its defense to insufficient service of process because Alan Dagen, Esq., had filed a motion to enlarge time to respond to the Appellees’ complaint on behalf of Superior Brokerage. Superior Brokerage argues that Dagen did not have authority to appear on its behalf, and the filing of a motion for enlargement of time did not waive the defense of lack of personal jurisdiction for insufficient service of process. The Appellees concede error.

Even assuming arguendo that Dagen had authority to file the motion for enlargement of time on Superior Brokerage's behalf, the filing of a motion for enlargement of time does not constitute a general appearance in the case and, thus, does not waive a defense of lack of jurisdiction for insufficient service of process. Byers v. FIA Card Servs., N.A., 82 So. 3d 1166, 1168 (Fla. 4th DCA 2012). We reverse and remand for further proceedings.

Reversed and remanded.

Per Curiam.

May, Gerber and Levine, JJ., concur.