Hett v. Hennessey

District Court of Appeal of Florida

Hett v. Hennessey

614 So. 2d 570, 1993 Fla. App. LEXIS 1827, 1993 WL 33813

CourtDistrict Court of Appeal of Florida

DecidedFebruary 10, 1993

DocketNo. 92-02179

StatusPublished

Cited by1 cases

This text of 614 So. 2d 570 (Hett v. Hennessey) 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

Hett v. Hennessey, 614 So. 2d 570, 1993 Fla. App. LEXIS 1827, 1993 WL 33813 (Fla. Ct. App. 1993).

Pincite

Opinion

PER CURIAM.

H. Paul Hett appeals the trial court’s final order and judgment of dismissal granting appellees’ motion to quash service of process. The order was entered because Hett, the plaintiff, had not served initial process upon either defendant within 120 days. See Fla.R.Civ.P. 1.070(j).

We strike from the final order and judgment of dismissal the sentence, “ORDERED AND ADJUDGED that Plaintiff take nothing by his action and Defendants go hence without day.” Rule 1.070(j) states that where an action is dismissed for failure to timely serve the initial process and initial pleading, “the action shall be dismissed without prejudice.” Otherwise, the final order and judgment of dismissal is affirmed.

SCHOONOVER, A.C.J., and FRANK and PARKER, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

H. Paul Hett appeals the trial court’s final order and judgment of dismissal granting appellees’ motion to quash service of process. The order was entered because Hett, the plaintiff, had not served initial process upon either defendant within 120 days. See Fla.R.Civ.P. 1.070(j).

We strike from the final order and judgment of dismissal the sentence, “ORDERED AND ADJUDGED that Plaintiff take nothing by his action and Defendants go hence without day.” Rule 1.070(j) states that where an action is dismissed for failure to timely serve the initial process and initial pleading, “the action shall be dismissed without prejudice.” Otherwise, the final order and judgment of dismissal is affirmed.

SCHOONOVER, A.C.J., and FRANK and PARKER, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

614 So. 2d 570, 1993 Fla. App. LEXIS 1827, 1993 WL 33813, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hett-v-hennessey-fladistctapp-1993.

Opinion

Related

Cite This Page — Counsel Stack