Florida District Courts of Appeal, 1985

Leatherwood v. Royal Oaks Rentals

Florida District Courts of Appeal · Decided May 8, 1985 · Glickstein, Hersey, Hurley

473 So. 2d 721; 10 Fla. L. Weekly 1153; 1985 Fla. App. LEXIS 13874 (Southern Reporter, Second Series)

Cases that cite this one

2 later published cases cite this decision.

Carlini v. STATE, DEPT. OF LEGAL AFFAIRS (Fla. Dist. Ct. App. 1988)
McCray v. Adams (Fla. Dist. Ct. App. 1988)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

ON MOTION FOR REHEARING/CLARIFICATION

PER CURIAM.

We withdraw our per curiam affirmance of December 19, 1984, and reverse the order quashing service on Royal Oaks Rentals. A motion alleging a defect in personal jurisdiction should set forth sufficient facts to demonstrate the defect in service and how the defect can be cured. See Bodden v. Young, 422 So.2d 1055, 1056 (Fla. 4th DCA 1982); Over 30 Association v. Blatt, 118 So.2d 71 (Fla. 3d DCA 1960).

We remand for further proceedings below.

HERSEY and GLICKSTEIN, JJ., concur. HURLEY, J., dissents without opinion.

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