MARK ANTHONY QUINTERO, M.D.
v.
UNIVERSITY OF MIAMI
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A court must dismiss an action without prejudice when service of the initial process and pleading is not made on a defendant within 120 days after filing of the initial pleading.
[1] A court must dismiss an action without prejudice when service of the initial process and pleading is not effectuated on a defendant within 120 days after filing of the in…
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Join FLexlaw to unlock all legal intelligence“If service of the initial process and initial pleading is not made on a defendant within 120 days after filing of the initial pleading directed to that defendant the court, on its own initiative after notice or on motion, must direct that service be effected within a specified time or must dismiss the action without prejudice . . . .”
Florida Rule of Civil Procedure 1.070(j), cited as the basis for affirming the dismissal
Dr. Mark Anthony Quintero filed an action against the University of Miami in Miami-Dade County Circuit Court. The defendant was not served within 120 …
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Third District Court of Appeal State of Florida
Opinion filed April 16, 2025. Not final until disposition of timely filed motion for rehearing.
________________
No. 3D24-1446 Lower Tribunal No. 24-4761-CA-01 ________________
Mark Anthony Quintero, M.D., Appellant,
vs.
University of Miami, Appellee.
An Appeal from the Circuit Court for Miami-Dade County, David C. Miller, Judge.
Mark Anthony Quintero, M.D., in proper person.
Isicoff Ragatz, Eric D. Isicoff, Teresa Ragatz, and Catherine A. Mancing, for appellee.
Before FERNANDEZ, MILLER, and BOKOR, JJ.
PER CURIAM.
2
Affirmed. See Fla. R. Civ. P. 1.070(j) (“If service of the initial process and initial pleading is not made on a defendant within 120 days after filing of the initial pleading directed to that defendant the court, on its own initiative after notice or on motion, must direct that service be effected within a specified time or must dismiss the action without prejudice . . . .”).