MACKE LAUNDRY SERVICES, INC., APPELLANT,
v.
MARGERY SAINTIL, APPELLEE
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The court held that an order denying a motion to dismiss for failure to serve process within 120 days is not an appealable non-final order. The court also held that certiorari is not appropriate for such an order.
Appellant appealed a trial court's non-final order denying a motion to dismiss for failure to serve the plaintiff within 120 days of filing the compla…
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PER CURIAM.
Appellant Macke appeals the trial court’s non-final order denying Macke’s motion to dismiss for plaintiff’s failure to obtain service within 120 days of filing her complaint. See Florida Rule of Civil Procedure 1.070®.
We dismiss this appeal because it is not taken from an appealable non-final order. Appellant contends that the order was one determining jurisdiction of the person and is therefore appealable under Florida Rule of Appellate Procedure 9.130(a)(3)(C)®; we disagree. Jurisdiction of the person refers to whether service was proper and the defendant is within the reach of the Florida courts. Timeliness of service under Rule 1.070(j) does not concern the reach of the court. See DCA of Hialeah, Inc. v. Lago Grande One Condominium Ass’n, Inc., 559 So. 2d 1178 (Fla.3d DCA 1990); Cole v. Posada, 555 So. 2d 367 (Fla.3d DCA 1989).
We also do not believe that certiorari will lie in this instance. Certiorari is available only in limited circumstances. Martin-Johnson, Inc. v. Savage, 509 So. 2d 1097 (Fla.1987). Orders denying motions to dismiss generally are not reviewable by certiorari because the petitioner will have a full and adequate remedy on plenary appeal. Id. Furthermore, the expense of defending an action through a trial on the merits does not constitute irreparable harm. Agency Rent-A-Car, Inc. v. Braverman, 480 So. 2d 121 (Fla.4th DCA 1985).
DISMISSED.
WALDEN, WARNER and POLEN, JJ., concur.
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RD & G Leasing, Inc. v. Stebnicki, 626 So. 2d 1002 (Fla. 3d DCA 1993)…required by Florida Rule of Civil Procedure 1.070(i) (1993).* As the order is a nonappealable non-final order, the appeal is dismissed on authority of Rosenthal v. Watkins, 623 So. 2d 855 (Fla. 3d DCA 1993); Macke Laundry Services, Inc. v. Saintil, 568 So. 2d 541 (Fla. 4th DCA 1990); DCA of Hialeah, Inc. v. Lago Grande One Condominium Ass’n, Inc., 559 So. 2d 1178 (Fla. 3d DCA 1990); Cole v. Posada, 555 So. 2d 367 (Fla. 3d DCA 1989). Certiorari is denied on authority of Macke, 568 So. 2d at 542, because there…
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Berge O. Khandjian and Tuula Khandjian v. Compagnie Financiere Mediterranee Cofimed, S.A., 619 So. 2d 348 (Fla. 2d DCA 1993)…t v. Genova, 579 So. 2d 286 (Fla. 3d DCA 1991); LeClaire v. Schneider, 579 So. 2d 925 (Fla. 4th DCA 1991); DCA of Hialeah, Inc. v. Lago Grande One Condominium Ass ’n, Inc., 559 So. 2d 1178 (Fla. 3d DCA 1990); Macke Laundry Services, Inc. v. Saintil, 568 So. 2d 541 (Fla. 4th DCA 1990); Cole v. Posada, 555 So. 2d 367 (Fla. 3d DCA 1989). After the Morales decision, the only opinion that has passed upon the jurisdictional issue is Austin v. Gaylord, 603 So. 2d 66 (Fla. 1st DCA 1992). In Austin, the plaintiff fai…
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Comisky v. Rosen Mgmt. Serv., Inc., 630 So. 2d 628 (Fla. 4th DCA 1994)…, (formerly designated 1.070(j)), which provides that complaints must be served on defendants within 120 days of their filing. The appellee has moved to dismiss this non-final appeal based on the authority of Macke Laundry Services, Inc. v. Saintil, 568 So. 2d 541 (Fla. 4th DCA 1990), which held that an appeal from such an order was a non-final nonappealable order and that we could not consider the matter on certiora-ri review. We have considered this ease en banc for the purpose of receding from that ruling…1 / 2
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Martin-Johnson, Inc. v. Savage, 509 So. 2d 1097 (Fla. 1987)
- Sanford H. Cole, M.D. v. Posada, 555 So. 2d 367 (Fla. 3d DCA 1989)
- Diaz v. State, 559 So. 2d 1178 (Fla. 3d DCA 1990)
- Agency Rent-A-Car, Inc. v. Braverman, 480 So. 2d 121 (Fla. 4th DCA 1985)