IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUITIN AND FOR HILLSBOROUGH COUNTY, FLORIDABAC HOME LOANS SERVICING, L.P. F/K/ACOUNRTYWIDE HOME LOANS SERVICING,L.P.,Plaintiff,Case No. 09 32150v. Division: FLEONARDO N. DIGIOVANNI,
MOTION FOR REHEARING OR RECONSIDERATION ONORDER DENYING MOTION TO QUASHOR FOR STAY PENDING APPELLATE REVIEW
Defendant, LEONARDO DIGIOVANNI, individually and as Trustee, by and through hisundersigned counsel, moves this Court for rehearing or reconsideration of its September 15,2011 Order Denying Defendant’s Motion to Quash, or for a stay pending appeal in the SecondDistrict, and would show:1.
In its Motion to Quash, Defendant set forth a myriad of reasons why service of process upon him was improper.2.
In its September 15, 2011 Order, this Court denied said motion without notice andwithout hearing, ruling “Defendant submitted himself to the jurisdiction of the Court by filing amotion for extension of time, before filing the Motion to Quash.”3.
Well-established law holds that the Motion to Quash was not waived by virtue of the motion for extension of time. See Barrios v. Sunshine State Bank, 456 So. 2d 590 (Fla. 3dDCA 1984) (“The single issue presented by this appeal is whether the filing by Barrios’ attorneyof a Motion for Enlargement of Time constituted a general appearance and hence a waiver of