Florida District Courts of Appeal, 1987

Broward Ambulance Corp. v. Ferdinand ex rel. Ferdinand

Broward Ambulance Corp. v. Ferdinand ex rel. Ferdinand
Florida District Courts of Appeal · Decided September 9, 1987 · Dell, Gunther, Letts
513 So. 2d 1082; 12 Fla. L. Weekly 2163; 1987 Fla. App. LEXIS 10161 (Southern Reporter, Second Series)

Broward Ambulance Corp. v. Ferdinand ex rel. Ferdinand

Opinion of the Court

LETTS, Judge.

The sole issue before this court is whether the trial court erred in not granting the motion to dismiss the complaint on the grounds that there was a failure to serve process or to prosecute the action pursuant to Florida Rules of Civil Procedure 1.420(e). Prior to filing the motion to dismiss, defense counsel filed a notice of appearance. Such a notice does not constitute record activity or waive any objection regarding jurisdiction over the person. Public Gas Co. v. Weatherhead Co., 409 So.2d 1026 (Fla. 1982). Because of the failure to serve process and to prosecute this action, the trial court erred in failing to dismiss the complaint.

Accordingly, we reverse the trial court’s order denying the motion to dismiss the complaint.

DELL and GUNTHER, JJ., concur.

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