Parlier v. Eagle-Picher Industries, Inc. , 596 So. 2d 1125 ( 1992 )


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  • HARRIS, Judge.

    In 1987 appellants in this consolidated action filed suit for damages alleging asbestos related injuries. Service was not effected within 120 days from the filings nor within 120 days from the effective date of Florida Rules of Civil Procedure 1.070(j).

    The trial court held that Rule 1.070(j) was applicable to these cases and, since appellants had failed to show good cause for their noncompliance with the 120 day rule, the actions were dismissed without prejudice.

    We reverse. Partin v. Flagler Hospital, Inc., 581 So.2d 240 (Fla. 5th DCA 1991). Accord King v. Pearlstein, 592 So.2d 1176 (Fla. 2d DCA 1992).

    REVERSED and REMANDED.

    GRIFFIN, J., and POUND, F.R. JR., Associate Judge, concur.

Document Info

Docket Number: Nos. 91-18, 91-19, 91-20, 91-22, 91-23, 91-24, 91-25, 91-26, 91-27, 91-28, and 91-30

Citation Numbers: 596 So. 2d 1125

Judges: Griffin, Harris, Pound

Filed Date: 3/13/1992

Precedential Status: Precedential

Modified Date: 7/29/2022