Florida District Courts of Appeal, 1998

Charles v. Biscayne Builders, Inc.

Florida District Courts of Appeal · Decided October 21, 1998 · Fletcher, Goderich, Levy

719 So. 2d 379; 1998 Fla. App. LEXIS 13420 (Southern Reporter, Second Series)

Cases that cite this one

1 later published case cites this decision.

Charles v. Biscayne Builders, Inc. (Fla. Dist. Ct. App. 1998)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

PER CURIAM.

Based on the authority of Litwinski v. Weitzer Country Homes, Inc., 711 So.2d 1390 (Fla. 3d DCA 1998), we reverse the trial court’s orders vacating the extension of time for service of process and dismissing the plaintiffs’ ease for failure to timely effectuate service of process. We find that the plaintiffs asserted reasonable grounds for the extension of time before the 120 days for service had expired, Litwinski, 711 So.2d at 1392; Fla. R. Civ. P. 1.090(b)(1), and note that the trial court did not have the benefit of Litunnski at the time of its decision.

Reversed and remanded for further proceedings consistent with this opinion.

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