Grupo Arosfran Em-preendimentos E Participacoes Sari filed a Motion to Dissolve Writ of Garnishment and Memorandum of Law, raising the argument that this Court lacks jurisdiction over blocked assets being held at a New York bank branch (Dkt. 1030), to which Plaintiffs filed a response in opposition (Dkt. 1033). The Court then stayed all proceedings in this case pending resolution of the substantive jurisdictional issue (Dkti 1047), fo S.Ct. 1228, 2 L.Ed.2d 1283 (1958)). While .personal jurisdiction may be waived, “in rem jurisdiction is a very special type of necessary judicial subject matter jurisdiction” under- Florida law— one that cannot be waived. Center Capital Corp. v. Gulfstream Crane, LLC, 2009 WL 4909430, at *7 (S.D.Fla.2009) (internal quotation marks and citations omitted) (<HOLDING>). In keeping with these jurisdictional rules,
holding that in a quasi in rem action a district court does not have jurisdiction over the res when that property is not physically within the same state as the court holding the claimant does not consent to personal jurisdiction by appearing in in rem action holding that the basis of in rem jurisdiction is the presence of the subject property within the territorial jurisdiction of the forum state holding that a party cannot waive in rem jurisdiction under florida law and a court proceeding pursuant to in rem jurisdiction must actually possess in rem jurisdiction over the property that is the subject of the matter holding that where prior state court had in rem jurisdiction district court could maintain in personam jurisdiction and simply deny requests for conflicting in rem relief because district court is fully capable of preventing inappropriate conversion of the suit to a proceeding truly in rem