Foster v. Chung

ON MOTION TO RECALL AND MODIFY MANDATE

Appellant, Beverly Foster, moves this court to modify or recall the mandate issued March 5, 1999, directing the trial court to dismiss Foster’s complaint against Miami Management, Inc., for failure to serve the defendant within 120 days of filing her complaint. We grant Foster’s motion to recall the mandate and remand the case to the trial court to consider whether it would grant an extension for service even though it found Foster lacked good cause for the delayed service.

Foster brought a wrongful death action against numerous defendants, including Miami…