THE SHERIFF OF BREVARD COUNTY, APPELLANT,
v.
BARBARA LAMPMAN-PRUSKY, APPELLEE
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The trial court properly exercised its discretion in denying the sheriff's motion to dismiss for failure to perfect service of process within 120 days where reasonable cause for the delay was documented.
A trial court does not abuse its discretion in declining to dismiss an action for failure to effect timely service of process when reasonable cause for the delay is documented.
[1] Trial courts have broad discretion to decline dismissal for failure to effect timely service of process when reasonable cause for the delay is documented.
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Join FLexlaw to unlock all legal intelligenceThe appellee failed to perfect service of process upon the Department of Insurance within 120 days of filing suit. The delay was attributed to confusi…
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PER CURIAM.
The trial court denied the sheriff’s motion to dismiss appellee’s action even though appellee failed to perfect service of process upon the Department of Insurance within 120 days of filing suit. See Fla. R.Civ.P. 1.070(i).1 Under Morales v. Sperry Rand Corp., 601 So. 2d 538, 540 (Fla.1992), trial courts have “broad discretion in declining to dismiss an action if reasonable cause for failure to effect timely service is documented.” Here, the trial court’s finding of reasonable cause for appellee’s failure to serve the department focused on two documented events: the confusion and delay surrounding a stipulation of the parties in which counsel for the sheriff agreed to voluntarily accept service of appellee’s amended complaint, as well as rulings of the trial court which originally struck an affirmative defense raising this issue but which subsequently allowed this issue to be raised by motion to dismiss. Given this finding, we conclude that the trial court did not abuse its broad discretion in declining to dismiss appellee’s action.
AFFIRMED.
COBB, W. SHARP and DIAMANTIS, JJ., concur. . We have jurisdiction. See Comisky v. Rosen Management Service, 630 So. 2d 628 (Fla. 4th DCA 1994). Contra RD & G Leasing v. Stebnicki, 626 So. 2d 1002 (Fla. 3d DCA 1993); Rosenthal v. Watkins, 623 So. 2d 855 (Fla. 3d DCA 1993); Khandjian v. Compagnie Financiere Mediterranee Cofimed, 619 So. 2d 348 (Fla. 2d DCA 1993); Weissman v. Joye, 619 So. 2d 347 (Fla. 2d DCA 1993).
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Mid-Florida Assocs., Ltd. v. Taylor, 641 So. 2d 182 (Fla. 5th DCA 1994)…urt did not abuse its discretion in declining to dismiss appellee’s action. AFFIRMED. HARRIS, C.J., concurs. GRIFFIN, J., concurs specially in result only, without opinion. . We have jurisdiction. See Sheriff of Brevard County v. Lampman-Prusky, 634 So. 2d 660, 661 n. 1 (Fla. 5th DCA 1994); Comisky v. Rosen Management Serv., Inc., 630 So. 2d 628 (Fla. 4th DCA 1994). Contra, RD & G Leasing, Inc. v. Stebnicki, 626 So. 2d 1002 (Fla. 3d DCA 1993); Khandjian v. Compagnie Financiere Mediterranee Cofimed, S.A.,…
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The Meadows OF Citrus Cnty., Inc. v. Jones, 704 So. 2d 202 (Fla. 5th DCA 1998)…d time; provided that if the plaintiff shows good cause for the failure, the court shall extend the time for service for an appropriate period. The cases relied upon by the appellants for dismissal here, Sheriff of Brevard County v. Lampman-Prusky, 634 So. 2d 660 (Fla. 5th DCA 1994) and Austin v. Gaylord, 603 So. 2d 66 (Fla. 1st DCA 1992) are distinguishable. Those decisions involved actions against state agencies and the failure to timely serve the Department of Insurance, which service is essential to the…
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Nat'l Powerboat Ass'n, Inc. v. Calabro, 652 So. 2d 508 (Fla. 3d DCA 1995)…o. 2d 855 (Fla. 3d DCA 1993); Honorat v. Genova, 579 So .2d 286, 287 (Fla. 3d DCA 1991). Accord Khandjian v. Compagnie Financiere Mediterranee Cofimed, S.A., 619 So. 2d 348, 349 (Fla. 2d DCA 1993). Contra Sheriff of Brevard County v. Lampman-Prusky, 634 So. 2d 660 (Fla. 5th DCA 1994); Comisky v. Rosen Management Serv., Inc., 630 So. 2d 628, 631 (Fla. 4th DCA 1994) (en banc); Austin v. Gaylord, 603 So. 2d 66 (Fla. 1st DCA 1992). Defendant’s reliance on Gondal v. Martinez, 606 So. 2d 490 (Fla. 3d DCA 1992), is…
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
- Morales v. Sperry Rand Corp., 601 So. 2d 538 (Fla. 1992)
- RD & G Leasing, Inc. v. Stebnicki, 626 So. 2d 1002 (Fla. 3d DCA 1993)
- Berge O. Khandjian and Tuula Khandjian v. Compagnie Financiere Mediterranee Cofimed, S.A., 619 So. 2d 348 (Fla. 2d DCA 1993)
- Comisky v. Rosen Mgmt. Serv., Inc., 630 So. 2d 628 (Fla. 4th DCA 1994)
- Weissman v. J.B. Joye and Gloria Joye, 619 So. 2d 347 (Fla. 2d DCA 1993)
- Hannah v. State, 623 So. 2d 855 (Fla. 3d DCA 1993)
- Vladimir Rosenthal, M.D. v. Watkins, 623 So. 2d 855 (Fla. 3d DCA 1993)