LARRY LEATHERWOOD, APPELLANT,
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, APPELLEES
LARRY LEATHERWOOD, APPELLANT,
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, APPELLEES
473 So. 2d 721
Florida District Court of Appeal, Fourth District (1985)
Negative Treatment
Cited by 4 cases
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.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Carlini v. State, 521 So. 2d 254 (Fla. 4th DCA 1988)…hat both this court and the third district has held that a motion alleging a defect in personal jurisdiction must set forth sufficient facts to demonstrate the defect in service and how the defect can be cured. See Leatherwood v. Royal Oaks Rentals, 473 So. 2d 721 (Fla. 4th DCA 1985); Over 30 Association, Inc. v. Blatt, 118 So. 2d 71 (Fla. 3d DCA 1960). However, for the reasons stated below, we recede from Leatherwood and acknowledge a conflict with Over 30. The third district in Over 30 refers to federal la…
-
Alphonso McCRAY v. Adams, 529 So. 2d 1131 (Fla. 1st DCA 1988)…en expressly denied (below as a result of the bankruptcy court’s express reservation of jurisdiction), Skolsky was not in effect made a party to the lawsuit. 13 Fla.Jur.2d § 26 Courts and Judges. Also, we find that Leatkerwood v. Royal Oaks Rentals, 473 So. 2d 721 (Fla. 4th DCA 1985), cited by appellant as supplemental authority, does not apply for therein it was only a defect in service that was contested. In one count of his amended complaint appellant seeks rescission of the satisfaction that Skolsky was…
Authorities Cited
- Over 30 Ass'n, Inc. v. Blatt, 118 So. 2d 71 (Fla. 3d DCA 1960)
- Dillard Bodden, Jr. v. Young, 422 So. 2d 1055 (Fla. 4th DCA 1982)