Van Epps v. Barrow

District Court of Appeal of Florida

Van Epps v. Barrow

590 So. 2d 50, 1991 Fla. App. LEXIS 13636, 1991 WL 275562

CourtDistrict Court of Appeal of Florida

DecidedDecember 27, 1991

DocketNo. 91-0771

StatusPublished

This text of 590 So. 2d 50 (Van Epps v. Barrow) 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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Van Epps v. Barrow, 590 So. 2d 50, 1991 Fla. App. LEXIS 13636, 1991 WL 275562 (Fla. Ct. App. 1991).

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Opinion

POLEN, Judge.

The appellant, Terry Van Epps, seeks reversal of a final order of dismissal without prejudice. The order was entered by the trial court pursuant to Florida Rule of Civil Procedure 1.070(j), which states that “the action shall be dismissed without prejudice” when service of process is not affected by the plaintiff within 120 days from the filing of the initial complaint.

Since the appellant has failed to demonstrate any error in the trial court’s ruling, we affirm the order of dismissal on the authority of Morales v. Sperry Rand Corp., 578 So.2d 1143 (Fla. 4th DCA 1991) (Polen, J., dissenting without opinion, which dissent is inapplicable to the present case).

The order dismissing the action without prejudice is affirmed.

LETTS and FARMER, JJ., concur.

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