W.R. Grace & Co. v. Parlier

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

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.