WAYNE DAVID CALLAHAN, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Roberts v. Stidham, 19 So. 3d 1155 (Fla. 5th DCA 2009)
  …Williams Scotsman, Inc., 924 So. 2d 37, 39 (Fla. 5th DCA 2006). The trial court has broad discretion to extend the time for service even when good cause for failing to meet the 120-day deadline has not been shown. Bacchi v. Manna of Hernando, Inc., 743 So. 2d 34, 34 (Fla. 5th DCA 1999). However, even when there has been no showing of good cause or excusable neglect and the statute of limitations has run, discretion should be exercised in favor of allowing the plaintiff [*1158] an extension to accomplish ser…
• Regions Bank v. Buoncervello, 220 So. 3d 1225 (Fla. 5th DCA 2017)
  …trial court enjoys “broad discretion to extend the time for service even when good cause for failing to meet the 120-day deadline has not been shown.” Roberts v. Stidham, 19 So. 3d 1155, 1157 (Fla. 5th DCA 2009) (citing Bacchi v. Manna of Hernando, 743 So. 2d 34, 34 (Fla. 5th DCA 1999)). When the statute of limitations has run, preventing refiling of the complaint, trial courts should exercise discretion in favor of extending the service deadline: [I]f such a dismissal order is entered after the expiration…

Authorities Cited

• Gissendanner v. State, 373 So. 2d 898 (Fla. 1979)
• Robinson v. State, 373 So. 2d 898 (Fla. 1979)
• Stone v. State, 688 So. 2d 1006 (Fla. 1st DCA 1997)
• Miller v. State, 697 So. 2d 586 (Fla. 1st DCA 1997)