Parlier v. Eagle-Picher Industries, Inc.

District Court of Appeal of Florida

Parlier v. Eagle-Picher Industries, Inc.

596 So. 2d 1125, 1992 Fla. App. LEXIS 2295, 1992 WL 45045

CourtDistrict Court of Appeal of Florida

DecidedMarch 13, 1992

DocketNos. 91-18, 91-19, 91-20, 91-22, 91-23, 91-24, 91-25, 91-26, 91-27, 91-28, and 91-30

StatusPublished

Cited by1 cases

This text of 596 So. 2d 1125 (Parlier v. Eagle-Picher Industries, Inc.) 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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Parlier v. Eagle-Picher Industries, Inc., 596 So. 2d 1125, 1992 Fla. App. LEXIS 2295, 1992 WL 45045 (Fla. Ct. App. 1992).

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Opinion

HARRIS, Judge.

In 1987 appellants in this consolidated action filed suit for damages alleging asbestos related injuries. Service was not effected within 120 days from the filings nor within 120 days from the effective date of Florida Rules of Civil Procedure 1.070(j).

The trial court held that Rule 1.070(j) was applicable to these cases and, since appellants had failed to show good cause for their noncompliance with the 120 day rule, the actions were dismissed without prejudice.

We reverse. Partin v. Flagler Hospital, Inc., 581 So.2d 240 (Fla. 5th DCA 1991). Accord King v. Pearlstein, 592 So.2d 1176 (Fla. 2d DCA 1992).

REVERSED and REMANDED.

GRIFFIN, J., and POUND, F.R. JR., Associate Judge, concur.

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