Whatmore v. Babcock’s Empirical Analysis

Citation profile

2 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 2 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[O]nce an objection based upon lack of jurisdiction over the person is timely interposed, it is preserved for all purposes and is not waived because affirmative relief is also sought.”

   2 later decisions quote this exact passage
   e.g. 865 So. 2d 1278 - Florida Department of Children and Families v. Sun-Sentinel, Inc. · 707 So. 2d 702 - Babcock v. Whatmore

2. “a timely objection to personal jurisdiction may nevertheless be waived ... [by] a defendant who goes beyond matters of defense and seeks affirmative relief.”

   2 later decisions quote this exact passage
   e.g. 865 So. 2d 1278 - Florida Department of Children and Families v. Sun-Sentinel, Inc. · 707 So. 2d 702 - Babcock v. Whatmore

3. “First and foremost, we do not believe that the former husband's motion for relief from judgments can be properly characterized as one seeking affirmative relief. In that motion, the former husband essentially sought to avoid the judgments being sued upon or negate their validity by asserting lack of due process notice and payment respectively. We think that these are affirmative defenses which can properly be joined or pled in the alternative with the former husband's jurisdictional challenge. Fla.R.Civ.P. 1.140(b) ("No defenses or objection is waived by being joined with other defenses or objections in a responsive pleading or motion."). .... We therefore conclude that the trial court erred in its determination that the former husband's jurisdictional challenge was waived in this action.”

   1 later decision quote this exact passage
   e.g. 707 So. 2d 702 - Babcock v. Whatmore