Edgington v. Ari Mutual Insurance

District Court of Appeal of Florida

Edgington v. Ari Mutual Insurance

728 So. 2d 351, 1999 Fla. App. LEXIS 3107, 1999 WL 140583

CourtDistrict Court of Appeal of Florida

DecidedMarch 17, 1999

DocketNo. 98-1371

StatusPublished

This text of 728 So. 2d 351 (Edgington v. Ari Mutual Insurance) 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.

Bluebook

Edgington v. Ari Mutual Insurance, 728 So. 2d 351, 1999 Fla. App. LEXIS 3107, 1999 WL 140583 (Fla. Ct. App. 1999).

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Opinion

PER CURIAM.

We reverse the dismissal of plaintiffs complaint for failure to serve defendant within the 120-day period required under Florida Rule of Civil Procedure 1.070(i). The record reflects that plaintiff demonstrated “good cause” for failure to serve defendant. See Hernandez v. Page, 580 So.2d 793 (Fla. 3d DCA 1991). In this case, as in Carlton v. Wal-Mart Stores, Inc., 621 So.2d 451, 455 (Fla. 1st DCA 1993), plaintiff was “justified in believing that [defendant] had acquiesced in the proposal that [defendant] not be served until ‘all reasonable settlement opportunities ha[d] been explored.’ ”

Reversed and remanded for further proceedings.

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PER CURIAM.

We reverse the dismissal of plaintiffs complaint for failure to serve defendant within the 120-day period required under Florida Rule of Civil Procedure 1.070(i). The record reflects that plaintiff demonstrated “good cause” for failure to serve defendant. See Hernandez v. Page, 580 So.2d 793 (Fla. 3d DCA 1991). In this case, as in Carlton v. Wal-Mart Stores, Inc., 621 So.2d 451, 455 (Fla. 1st DCA 1993), plaintiff was “justified in believing that [defendant] had acquiesced in the proposal that [defendant] not be served until ‘all reasonable settlement opportunities ha[d] been explored.’ ”

Reversed and remanded for further proceedings.

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Bluebook (online)

728 So. 2d 351, 1999 Fla. App. LEXIS 3107, 1999 WL 140583, Counsel Stack Legal Research, https://law.counselstack.com/opinion/edgington-v-ari-mutual-insurance-fladistctapp-1999.

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