Amaran v. Marath

Vennila Amaran (“Ms. Amaran”), as Guardian of Preetha Amaran, appeals a final order of dismissal entered upon the granting of a motion to quash service of process for failure to serve the defendant, Aubyn Marath, M.D. (“Dr. Marath”), within 120 days of the filing of the amended complaint. We reverse. Based on the facts surrounding Ms. Amaran’s attempts to serve Dr. Marath, the trial court abused its discretion in dismissing the action pursuant to Florida Rule of Civil Procedure l.CfiCKj),1 where the statute of limitations had run at the time of the dismissal, serving as a final adjudication…