Stahl v. Evans
This text of 691 So. 2d 1184 (Stahl v. Evans) 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.
Opinion
Marlene H. STAHL and Larry A. Stahl, Appellants,
v.
Eyliza J. EVANS as Next Friend of Patience Evans, a minor, Appellee.
District Court of Appeal of Florida, Fourth District.
Elizabeth M. Rodriguez of Kubicki Draper, Miami, for appellants.
Alan R. Burton, Fort Lauderdale, for appellee.
*1185 PER CURIAM.
We reverse the trial court's order setting aside a dismissal for failure to timely serve the complaint under Fla. R. Civ. P. 1070(i). The trial court's original order of dismissal was proper under Patterson v. Loewenstein, 686 So.2d 776,(Fla. 4th DCA 1997). Kozel v. Ostendorf, 629 So.2d 817 (Fla.1993) is not controlling, since it does not pertain to a Rule 1.070(i) dismissal. The case is remanded to the trial court with directions to reinstate the dismissal.
POLEN, SHAHOOD and GROSS, JJ., concur.
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691 So. 2d 1184, 1997 WL 194460, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stahl-v-evans-fladistctapp-1997.