Legal Opinion

Gaines v. Placilla

District Court of Appeal of Florida

Decided March 15, 1994No. 92-4379PublishedCited by 3 opinions

1Opinion of the Court

JORGENSON, Associate Judge.

The appellants, Amos and Louie Gaines, initiated a medical malpractice action against Dr. William J. Placilla, the appellee. The case was dismissed with prejudice by the trial court under Florida Rule of Civil Procedure 1.070(i) (formerly rule 1.070(j)), the 120-day service rule. Before us is the order of the trial court dismissing with prejudice.

Rule 1.070(i) provides:

If service of the initial process and initial pleading is not made upon a defendant within 120 days after filing of the initial pleading and the party on whose behalf service is required does not show…

2Cases cited2 opinions

  1. Kozel v. OstendorfSupreme Court of Florida · 1994
  2. Hernandez v. PageDistrict Court of Appeal of Florida · 1991

3Cited by3 opinions

  1. Warren v. Shands Teaching Hosp.District Court of Appeal of Florida · 1997
  2. BAC Home Loans Servicing, L.P. v. Donald H. EllisonDistrict Court of Appeal of Florida · 2014
  3. BAC Home Loans Servicing L. P. etc. v. Jeffrey Robert Parrish etc.District Court of Appeal of Florida · 2014

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