William H. Pusey, and Sharon E. Pusey, His Wife v. Dallas Corporation

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• stating that a party waives the defense of insufficient service of process and submits to the court’s personal jurisdiction if they fail to raise it in a pre-answer motion or its answer
• agreeing with other circuits that this sita sponte dismissal power is no longer available to the court if the defendant inexcusably fails to raise the unlimeliness of service defense by motion or answer
• failure to include defense of untimely service of process in pre-answer motion waived defense under Rule 12(h)
• defendant held to have waived personal jurisdiction defense because on inquiry notice and constructive knowledge of filing date after received copy of complaint
• court denied defendant’s motion to set aside a default judgment because the complaint was stale, ruling that by failing to answer the complaint or file a Rule 12(b) motion, defendant waived its rights under Rule 4(m)
• trial court prohibited from dismissing on basis of waived defense

Source: CourtListener parenthetical corpus (CC0).