Legal Opinion

Leatherwood v. Royal Oaks Rentals

District Court of Appeal of Florida

Decided May 8, 1985No. Nos. 84-677, 84-679PublishedCited by 2 opinions

1Opinion of the Court

ON MOTION FOR REHEARING/CLARIFICATION

2Per 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.

3Cases cited2 opinions

  1. Bodden v. YoungDistrict Court of Appeal of Florida · 1982
  2. Over 30 Ass'n v. BlattDistrict Court of Appeal of Florida · 1960

4Cited by2 opinions

  1. Carlini v. STATE, DEPT. OF LEGAL AFFAIRSDistrict Court of Appeal of Florida · 1988
  2. McCray v. AdamsDistrict Court of Appeal of Florida · 1988