Budreau v. Mendoza

This is an appeal by the plaintiffs Dennis and Marcia Budreau from a final order dismissing a medical malpractice complaint against the defendant Efrain Mendoza, M.D. We reverse the final order under review and remand the cause for an evidentiary hearing so that the trial court may determine: (1) whether (a) an agreement was entered into by the parties that the plaintiffs could serve process on the defendant’s counsel in this case, instead of the defendant, and (b) if so, whether the defendant’s counsel was served with process within 120 days after the filing of the complaint in this case;…