Broward Ambulance Corp. v. Ferdinand ex rel. Ferdinand

District Court of Appeal of Florida

Broward Ambulance Corp. v. Ferdinand ex rel. Ferdinand

513 So. 2d 1082, 12 Fla. L. Weekly 2163, 1987 Fla. App. LEXIS 10161

CourtDistrict Court of Appeal of Florida

DecidedSeptember 9, 1987

DocketNo. 87-1756

StatusPublished

This text of 513 So. 2d 1082 (Broward Ambulance Corp. v. Ferdinand ex rel. Ferdinand) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Broward Ambulance Corp. v. Ferdinand ex rel. Ferdinand, 513 So. 2d 1082, 12 Fla. L. Weekly 2163, 1987 Fla. App. LEXIS 10161 (Fla. Ct. App. 1987).

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Opinion

LETTS, Judge.

The sole issue before this court is whether the trial court erred in not granting the motion to dismiss the complaint on the grounds that there was a failure to serve process or to prosecute the action pursuant to Florida Rules of Civil Procedure 1.420(e). Prior to filing the motion to dismiss, defense counsel filed a notice of appearance. Such a notice does not constitute record activity or waive any objection regarding jurisdiction over the person. Public Gas Co. v. Weatherhead Co., 409 So.2d 1026 (Fla.1982). Because of the failure to serve process and to prosecute this action, the trial court erred in failing to dismiss the complaint.

Accordingly, we reverse the trial court’s order denying the motion to dismiss the complaint.

DELL and GUNTHER, JJ., concur.

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LETTS, Judge.

The sole issue before this court is whether the trial court erred in not granting the motion to dismiss the complaint on the grounds that there was a failure to serve process or to prosecute the action pursuant to Florida Rules of Civil Procedure 1.420(e). Prior to filing the motion to dismiss, defense counsel filed a notice of appearance. Such a notice does not constitute record activity or waive any objection regarding jurisdiction over the person. Public Gas Co. v. Weatherhead Co., 409 So.2d 1026 (Fla.1982). Because of the failure to serve process and to prosecute this action, the trial court erred in failing to dismiss the complaint.

Accordingly, we reverse the trial court’s order denying the motion to dismiss the complaint.

DELL and GUNTHER, JJ., concur.

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513 So. 2d 1082, 12 Fla. L. Weekly 2163, 1987 Fla. App. LEXIS 10161, Counsel Stack Legal Research, https://law.counselstack.com/opinion/broward-ambulance-corp-v-ferdinand-ex-rel-ferdinand-fladistctapp-1987.

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