Does a notice of appearance waive service of process in Florida?

Short answer: No. Under Florida law, the mere filing of a notice of appearance by a company’s counsel—without more—does not automatically waive service of process. Service is waived only if the appearance constitutes a general appearance, meaning counsel seeks affirmative relief or otherwise acts inconsistently with an objection to personal jurisdiction.

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Legal Analysis (Florida Law)

Issue

Whether a company that has not been served waives service of process when its counsel files a notice of appearance.

Rule

Florida follows the doctrine that defects in service of process or personal jurisdiction may be waived by a general appearance, but not by a limited or special appearance made solely to contest jurisdiction or service.[1]

Historically, a general appearance occurs when a defendant:

• Invokes the court’s jurisdiction for relief on the merits; or
• Takes action inconsistent with the position that the court lacks personal jurisdiction.

By contrast, an appearance limited to preserving defenses—such as lack of service or lack of personal jurisdiction—does not effect a waiver.[1]

Florida’s procedural framework, modeled on Federal Rule 12, was designed to reduce the harshness of accidental waiver while preserving waiver where a defendant affirmatively participates in the case without timely raising jurisdictional defenses.[1]

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Application

A notice of appearance alone, without:

• a motion addressing the merits,
• a request for affirmative relief,
• or a filing inconsistent with contesting jurisdiction,

does not constitute a general appearance and therefore does not waive service of process.

Waiver typically arises when counsel, after appearing:

• files a motion to dismiss on non-jurisdictional grounds,
• seeks extensions related to pleading to the merits,
• or otherwise treats the case as properly before the court without raising service objections.[1]

Florida statutes governing service of process expressly recognize that waiver can occur, but they also clarify that later statutory amendments do not revive service objections that have already been waived—confirming that waiver depends on the party’s litigation conduct, not the mere fact of appearance.[2][3]

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Conclusion

Service of process is not waived in Florida simply because counsel files a notice of appearance before service. Waiver occurs only if the appearance qualifies as a general appearance by seeking affirmative relief or otherwise submitting to the court’s jurisdiction without timely preserving service or jurisdictional objections.

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Practical Distinction

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This explanation is informational and not legal advice.