West v. State, Department of Health & Rehabilitative Services

Bound by our decision in Austin v. Gaylord, 603 So.2d 66 (Fla. 1st DCA 1992), the trial court dismissed appellant’s complaint against the Department of Health and Rehabilitative Services for failure to serve the Department of Insurance, as required by section 768.28(7), Florida Statutes (1993), within the 120 days allotted by Florida Rule of Civil Procedure 1.070(i). Shortly after rendition of the trial court’s order, this court receded from Austin in Platt v. Florida Department of Health & Rehabilitative Services, 659 So.2d 1251 (Fla. 1st DCA 1995), and held that Rule 1.070(i) is not…