Leatherwood v. Royal Oaks Rentals

Florida District Courts of Appeal
Leatherwood v. Royal Oaks Rentals, 473 So. 2d 721 (1985)
10 Fla. L. Weekly 1153; 1985 Fla. App. LEXIS 13874
Glickstein, Hersey, Hurley

Leatherwood v. Royal Oaks Rentals

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.

Reference

Full Case Name
Larry LEATHERWOOD v. ROYAL OAKS RENTALS, a company, Royal Oaks Condominium Association, a Florida corporation, Frederick H. Miller, and St. Jean Roofing, a Florida corporation, individually, jointly and severally
Cited By
2 cases
Status
Published