Summary
In Casper v. Bonbright, 94 Fla. 1237, 115 So. 540, where there was a motion made to quash the service and return, it was held that the motion as made in that case involved the jurisdiction of the Court to make the order requested on the stated ground that there was no justiciable matter authorizing the obtaining of service, or in other words, no merit to the suit.
Summary of this case from Cobb v. State, ex relOpinion
Opinion Filed January 9, 1928. Petition for Rehearing Denied February 24, 1928.
An Appeal from the Circuit Court for Brevard County; W. W. Wright, Judge.
Affirmed.
Shepard Wahl, Attorneys for Appellants;
Wideman Wideman, Attorneys for Appellees.
This appeal is from an order made on a motion to quash the process, the motion being made on a purported special appearance.
Without deciding whether or not the process was fatally defective as to any of the defendants, we must hold that the first ground of the motion to quash constituted in effect a general appearance by solicitors for the defendants, notwithstanding the attempted special appearance. This ground of the motion was in the following language:
"There is no justiciable matter authorizing the obtaining of service or other predicate laid in the facts as set forth in the bill of complaint."
By such ground of the motion to quash going as it does to the merits of the cause, the defendants were brought within the jurisdiction of the Court in the cause so pending. See Smith v. Bulkley, 15 Fla. 64; Oppenheimer v. Guckenheimer, 34 Fla. 13, 15 So. 670; Ray v. Trice, 48 Fla. 297, 37 So. 582; Garner v. Garner, 83 Fla. 143, 90 So. 819.
The order of the chancellor should be and the same is hereby affirmed.
Affirmed.
WHITFIELD, P. J., AND TERRELL AND BUFORD, J. J., concur.