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NICHOLAS v. HARRY P. LEU MACHINERY CORP.

No. 66-297.

200 So.2d 232 (1967)

John NICHOLAS, As Trustee in Bankruptcy, Appellant, v. HARRY P. LEU MACHINERY CORP., a Florida Corporation, Appellee.

District Court of Appeal of Florida. Third District.

April 25, 1967.

Attorney(s) appearing for the Case

Lifter & Angel and William E. Shockett, Miami Beach, for appellant.

Burton M. Michaels, Miami, for appellee.

Before CARROLL, BARKDULL and SWANN, JJ.

SWANN, Judge.

This appeal involves an interpretation of former Rule 1.11(b), Florida Rules of Civil Procedure, 30 F.S.A.

Prior to January 1, 1966 Rule 1.11(b) provided essentially that:

"* * * [T]he following defenses may at the option of the pleader be made by motion: (1) lack of jurisdiction over the subject matter, (2) lack of jurisdiction over the person, (3) improper venue, (4) insufficiency of process, (5) insufficiency of service of process...

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