TAMMY ELLIS
v.
EAST COAST COOLING TOWER, INC.
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A trial court abuses its discretion by dismissing a case under Florida Rule of Civil Procedure 1.070(j) for failure to timely effect service of process when service of process was obtained prior to the hearing on the motion to dismiss and the statute of limitations has run, preventing the plaintiff from refiling.
[1] A trial court abuses its discretion by dismissing a case under Florida Rule of Civil Procedure 1.070(j) for failure to timely effect service of process when service of pr…
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Join FLexlaw to unlock all legal intelligence“The law is clearly established that a trial court abuses its discretion by dismissing a case under Rule 1.070(j) where, as here, service of process was obtained prior to the hearing on the motion to dismiss and when the statute of limitations has run preventing plaintiff from refiling its suit.”
Court's statement of applicable law in reversing the trial court's dismissal order
Tammy Ellis filed an amended complaint against East Coast Cooling Tower, Inc. The trial court dismissed her amended complaint pursuant to Rule 1.070(j…
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FIFTH DISTRICT COURT OF APPEAL
STATE OF FLORIDA
TAMMY ELLIS, Appellant,
V.
EAST COAST COOLING TOWER, INC., Appellee.
Case No. 5D2024-1458 LT Case No. 2019-CA-009090
On appeal from the Circuit Court for Duval County. Robert M. Dees, Judge.
Brian J. Lee, of Morgan & Morgan, Jacksonville, for Appellant.
Ezequiel Lugo and DeeAnn J. McLemore, of Banker Lopez Gassler P.A., St. Petersburg, and Eleanor H. Sills, Tallahassee, for Appellee.
May 22, 2026
PER CURIAM.
Tammy Ellis appeals the trial court's order dismissing her amended complaint pursuant to Florida Rule of Civil Procedure 1.070(j) based on her failure to timely effect service of process on East Coast Cooling Tower, Inc. Although the trial court's order dismissed Ms. Ellis' case without prejudice, because the statute of limitations had run, the dismissal was, as a practical matter, a dismissal with prejudice. The law is clearly established that a trial court abuses its discretion by dismissing a case under Rule 1.070(j) where, as here, service of process was obtained prior to the hearing on the motion to dismiss and when the statute of limitations has run preventing plaintiff from refiling its suit. See Regions Bank v. Buoncervillo, 220 So. 3d 1225, 1227 (Fla. 5th DCA 2017).
Accordingly, we reverse and remand for further proceedings.
REVERSED and REMANDED.
LAMBERT, EDWARDS, and EISNAUGLE, JJ., concur.