To render a binding judgment, a court must have both subject matter jurisdiction over the controversy (the subject of the dispute) and personal jurisdiction over the parties (plaintiff and defendant). While subject matter jurisdiction refers to the court’s power to hear a particular type of suit, personal jurisdiction—also known as in personam jurisdiction—concerns the court’s power to bind a particular person or party.

A special appearance is a procedure in civil litigation, and the purpose of a special appearance is to object to the court’s exercise of jurisdiction over the defendant or the defendant’s property on the ground that such person or property is not subject to the court’s jurisdiction. A defendant (person or entity) who has been sued in a state other than the defendant’s primary residence will often challenge the court’s exercise of jurisdiction over the nonresident defendant.

In Florida, as in other states, a court must have both subject matter jurisdiction and personal jurisdiction to render a binding judgment. Subject matter jurisdiction is the court's authority to hear a specific type of case, which is typically defined by the state's statutes or constitution. Personal jurisdiction, on the other hand, refers to the court's power to make a decision affecting the rights of the specific parties involved. Florida courts can establish personal jurisdiction over a party if that party has sufficient contacts with the state, such as committing a tortious act within the state or doing business there. The Florida long-arm statute specifies the conditions under which the state's courts may exercise jurisdiction over non-residents. A special appearance is a tool used by a defendant to challenge the court's personal jurisdiction without submitting to it. In Florida, this is governed by the Florida Rules of Civil Procedure, and a defendant must raise the issue of personal jurisdiction by motion before or at the time of pleading, or it may be considered waived. If a defendant only makes a special appearance to dispute jurisdiction and does not participate in the case in any other way, they are not considered to have submitted to the court's jurisdiction.