YANICK CHARLES, ET AL., APPELLANTS,
v.
BISCAYNE BUILDERS, INC., ET AL., APPELLEES

Fla. 3d DCA | 1998-10-21
Nos. 98-150, 97-3096
Before LEVY, GODERICH and FLETCHER, JJ.
719 So. 2d 379 Florida District Court of Appeal, Third District (1998) Positive Treatment
Cited by 1 case

Opinion of the Court
PER CURIAM.

PER CURIAM.

Based on the authority of Litwinski v. Weitzer Country Homes, Inc., 711 So. 2d 1390 (Fla. 3d DCA 1998), we reverse the trial court’s orders vacating the extension of time for service of process and dismissing the plaintiffs’ ease for failure to timely effectuate service of process. We find that the plaintiffs asserted reasonable grounds for the extension of time before the 120 days for service had expired, Litwinski, 711 So. 2d at 1392; Fla. R. Civ. P. 1.090(b)(1), and note that the trial court did not have the benefit of Litunnski at the time of its decision.

Reversed and remanded for further proceedings consistent with this opinion.


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Cited By

  • Yanick Charles v. Biscayne Builders, Inc., 722 So. 2d 931 (Fla. 3d DCA 1998)
    …PER CURIAM. Consistent with Appellee’s correct confession of error predicated on this Court’s opinion in Charles v. Biscayne Builders, Inc., 719 So. 2d 379 (Fla. 3d DCA 1998), the matter under review is reversed and the case remanded for further proceedings.…

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