IN THE DISTRICT COURT OF APPEAL
FIRST DISTRICT, STATE OF FLORIDA
J.L. and J.L., NOT FINAL UNTIL TIME EXPIRES TO
FILE MOTION FOR REHEARING AND
Petitioners, DISPOSITION THEREOF IF FILED
v. CASE NO. 1D16-3236
STATE OF FLORIDA,
Respondent.
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Opinion filed January 17, 2017.
Petition for Writ of Certiorari – Original Jurisdiction.
Brooke V. Elvington of Brooke Elvington Appellate Law, P.A., Clearwater, for
Petitioners.
Pamela Jo Bondi, Attorney General, and Heather Flanagan Ross, Assistant
Attorney General, Tallahassee, for Respondent.
PER CURIAM.
Petitioners sought to quash a writ of bodily attachment based on their failure
to appear at contempt proceedings, on the grounds that the juvenile court did not
have jurisdiction to find them in contempt, and because they were not properly
served with the order to show cause. We find that the juvenile court was authorized
to hold petitioners in contempt. See, e.g., In re Elrod, 455 So. 2d 1325, 1327 (Fla.
4th DCA 1984); Husky v. Safer, 419 So. 2d 1158, 1159 (Fla. 1st DCA 1982).
However, we determine that the trial court erred in denying petitioners’ motion to
quash a writ of bodily attachment, because the record does not demonstrate that
they were properly served. See Fla. R. Juv. P. 8.150(c)(2). Petitioners’ appearance
at the hearing to contest jurisdiction and object based on lack of service of process
did not waive service. See Caldwell v. Caldwell, 921 So. 2d 759, 760 (Fla. 1st
DCA 2006) (holding that a party loses its right to contest default final judgment on
grounds of defective service of process by entering general appearance unless it
also contests service of process or raises issue of personal jurisdiction). The
petition for writ of certiorari is GRANTED, and the order of the trial court is
quashed.
ROBERTS, C.J., ROWE, and WINOKUR, JJ., CONCUR.
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