W.R. Grace & Co. v. Parlier

614 So. 2d 500, 18 Fla. L. Weekly Supp. 140, 1993 Fla. LEXIS 450, 1993 WL 64622

• Court: Supreme Court of Florida
• Decided: March 11, 1993
• Docket: No. 79837
• Status: Published

Opinion

PER CURIAM.

In Pearlstein v. King, 610 So.2d 445 (Fla.1992), we held that the 120-day rule for serving a defendant in Florida Rule of Civil Procedure 1.070(j) applies to causes of action pending on January 1, 1989. Therefore, we quash Parlier v. Eagle-Picher Industries, Inc., 596 So.2d 1125 (Fla. 5th DCA 1992) and direct the district court to remand for further proceedings consistent with this opinion.’

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It is so ordered.

BARKETT, C.J., and OVERTON, McDonald, shaw, grimes, kogan and HARDING, JJ., concur.

We note that respondents argue that some of the petitioners waived reliance on the 120-day rule by failing to raise the defense in their responsive pleadings or motions. This is an issue which may be resolved upon remand.