Citation Codes Equivalent Citations citation codes Docket Number No. 90-1464. Attorney(S) Greene Marks and Cynthia Greene, Miami, for appellant. Barranco, Kellough Kircher and Peter Kircher, Miami, for appellee. Judges PER CURIAM. See more information ... Smart Summary Factual and Procedural Background The appellant, John W. Odom, filed an appeal from a non-final order denying his motion to dismiss the former wife Martha Ware Odom's petition for dissolution of marriage. The appellant challenged the adequacy of personal service of process in Georgia, contending it did not comply with Florida's long-arm statute, § 48.193, Fla. Stat. (1985). The case originated in the Circuit Court of Dade County, Florida. Legal Issues Presented Whether personal service of process effected in Georgia met the requirements of Florida's long-arm statute for jurisdiction in a dissolution of marriage proceeding. Whether the husband's act of seeking affirmative relief (abatement) subjected him to the jurisdiction of the Florida court despite the service issue. Arguments of the Parties Appellant's Arguments The appellant argued that the personal service of process in Georgia did not satisfy Florida's long-arm statute requirements, and thus the Florida court lacked jurisdiction. Appellee's Arguments This information was not available in the provided opinion. Table of Precedents Cited Precedent Rule or Principle Cited For Application by the Court McKelvey v. McKelvey, 323 So.2d 651 (Fla. 3d DCA 1976) Submission to jurisdiction by seeking affirmative relief Established that by seeking affirmative relief, a party submits to the court's jurisdiction and is subject to all proceedings. Zimmerman v. Weinberg, 557 So.2d 193 (Fla. 4th DCA 1990) Support for jurisdictional submission by party's actions Reinforced the principle that a party's conduct submitting to jurisdiction is controlling. Martin v. Ullman, 555 So.2d 1232 (Fla. 3d DCA 1989) Jurisdictional submission through affirmative actions Supported the court's exercise of jurisdiction based on party's submission. Hatton v. Barnett Bank of Palm Beach County, 550 So.2d 65 (Fla. 2d DCA 1989) Jurisdictional principles related to submission Further authority for jurisdictional submission by party conduct. Shammay v. Shammay, 491 So.2d 284 (Fla. 3d DCA 1986) Trial court's discretion in resolving jurisdictional issues Confirmed that the trial court properly exercised jurisdiction without error. Arnstein v. Arnstein, 422 So.2d 1052 (Fla. 4th DCA 1982) Jurisdictional considerations in dissolution proceedings Supported the trial court's jurisdiction over the agreed matters. Court's Reasoning and Analysis The court reasoned that by the appellant husband seeking affirmative relief in the dissolution proceeding—specifically, by filing a motion to dismiss—the husband effectively submitted himself to the jurisdiction of the Florida court. This submission subjected him to all proceedings related to the dissolution of marriage. The court relied on established precedents confirming that a party's affirmative actions submit that party to the court's jurisdiction despite defects in service. Although the trial court could have addressed the jurisdictional service issue separately, it did not err in exercising jurisdiction over the matters agreed upon by the parties. The court thus affirmed the denial of the motion to dismiss. Holding and Implications The court affirmed the non-final order denying the appellant's motion to dismiss the dissolution petition. This decision directly upheld the trial court's jurisdiction over the dissolution proceeding based on the appellant's submission to jurisdiction through affirmative relief. No new legal precedent was established; the ruling followed established case law principles. The immediate consequence is that the dissolution proceedings continue in the Florida court despite the appellant's challenge to the service of process. Show full summary ... JOHN W. ODOM, APPELLANT, v. MARTHA WARE ODOM, APPELLEE. PER CURIAM. The former husband appeals a non-final order denying his motion to dismiss the former wife's petition for dissolution of marriage; he alleges that personal service of process in Georgia did not meet the requirements of Florida's long-arm statute. § 48.193, Fla. Stat. (1985). We affirm. By first seeking the affirmative relief of abatement, the husband submitted himself to the jurisdiction of the court and was subject to all proceedings incident to the dissolution of the marriage. McKelvey v. McKelvey, 323 So.2d 651 (Fla. 3d DCA 1976); see Zimmerman v. Weinberg, 557 So.2d 193 (Fla. 4th DCA 1990); Martin v. Ullman, 555 So.2d 1232 (Fla. 3d DCA 1989); Hatton v. Barnett Bank of Palm Beach County, 550 So.2d 65 (Fla. 2d DCA 1989). The trial court could have resolved the associated issues, but committed no error in exercising jurisdiction over the agreed matters. Shammay v. Shammay, 491 So.2d 284 (Fla. 3d DCA 1986) (on motion for clarification); Arnstein v. Arnstein, 422 So.2d 1052 (Fla. 4th DCA 1982). Affirmed.