K.A., A CHILD, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Chaffin v. Jacobson, 793 So. 2d 102 (Fla. 2d DCA 2001)
  …there has been no showing of good cause or excusable neglect, but the statute of limitations has run, discretion should normally be exercised in favor of giving the plaintiff an extension of time to accomplish service. Skrbic v. QCRC Assocs. Corp., 761 So. 2d 349, 354 (Fla. 3d DCA 2000) (Cope, J., concurring in part and dissenting in part). Thus, we conclude that because the statute of limitations had run and service had been obtained at the time of the hearing on the motion to dismiss, the trial court abuse…
• Kevin v. Brown, 884 So. 2d 1065 (Fla. 2d DCA 2004)
  …ays of the filing of the complaint, as required by rule 1.070(j). The rejection of the complaint by the circuit court clerk could constitute a basis for a claim of excusable neglect for the failure to effect such service. See Skrbic v. QCRC Assocs., 761 So. 2d 349, 351 (Fla. 3d DCA 2000), rev. denied, 789 So. 2d 348 (Fla.2001). A dismissal under rule 1.070(j) is not an adjudication on the merits. See Thomas v. Silvers, 748 So. 2d 263 (Fla.1999). But if such a dismissal order is entered after expiration of the…
• Carter v. Winn-Dixie Store, Inc., 889 So. 2d 960 (Fla. 1st DCA 2004)
  …2001) (holding trial court abused its discretion by not extending the time for service where the statute of limitations had run, and where service had been achieved at the time of the hearing on the motion to dismiss); Skrbic v. QCRC Assocs. Corp., 761 So. 2d 349, 354 (Fla. 3d DCA 2000) (Cope, J., concurring & dissenting) (opining that where there has been no showing of good cause or excusable neglect, but where statute of limitations has run, discretion should normally be exercised in favor of giving an ext…

Authorities Cited

• State v. von Deck, 607 So. 2d 1388 (Fla. 1992)
• B.S.W. v. State, 668 So. 2d 1075 (Fla. 2d DCA 1996)
• State v. Cromatie, 668 So. 2d 1075 (Fla. 2d DCA 1996)