GARLAND P. PARLIER, ET UX, ET AL., APPELLANTS,
v.
EAGLE-PICHER INDUSTRIES, INC., ET AL., APPELLEES

Fla. 5th DCA | 1992-03-13
Nos. 91-18, 91-19, 91-20, 91-22, 91-23, 91-24, 91-25, 91-26, 91-27, 91-28, and 91-30
GRIFFIN, J., and POUND, F.R. JR., Associate Judge, concur.
596 So. 2d 1125 Florida District Court of Appeal, Fifth District (1992) Negative Treatment
Cited by 2 cases
Opinion of the Court
HARRIS, Judge.

HARRIS, Judge.

In 1987 appellants in this consolidated action filed suit for damages alleging asbestos related injuries. Service was not effected within 120 days from the filings nor within 120 days from the effective date of Florida Rules of Civil Procedure 1.070(j).

The trial court held that Rule 1.070(j) was applicable to these cases and, since appellants had failed to show good cause for their noncompliance with the 120 day rule, the actions were dismissed without prejudice.

We reverse. Partin v. Flagler Hospital, Inc., 581 So. 2d 240 (Fla. 5th DCA 1991). Accord King v. Pearlstein, 592 So. 2d 1176 (Fla. 2d DCA 1992).

REVERSED and REMANDED.

GRIFFIN, J., and POUND, F.R. JR., Associate Judge, concur.

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  • W.R. Grace & Co.-Connecticut v. Garland P. Parlier, 614 So. 2d 500 (Fla. 1993)
    …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.’* It is so ordered. BARKETT, C.J., and OVERTON, McDonald, shaw, grimes, kogan and HARDING, JJ., concur. * We note that respon…

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