Legal Opinion

Parlier v. Eagle-Picher Industries, Inc.

District Court of Appeal of Florida

Decided March 13, 1992No. Nos. 91-18, 91-19, 91-20, 91-22, 91-23, 91-24, 91-25, 91-26, 91-27, 91-28, and 91-30PublishedCited by 1 opinion

1Opinion of the Court

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…

2Cases cited2 opinions

  1. Partin v. Flagler Hosp., Inc.District Court of Appeal of Florida · 1991
  2. King v. PearlsteinDistrict Court of Appeal of Florida · 1992

3Cited by1 opinion

  1. W.R. Grace & Co. v. ParlierSupreme Court of Florida · 1993

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