Supreme Court of Florida, 1993

W.R. Grace & Co. v. Parlier

Supreme Court of Florida · Decided March 11, 1993 · Barkett, Grimes, Harding, Kogan, McDonald, Overton, Shaw

614 So. 2d 500; 18 Fla. L. Weekly Supp. 140; 1993 Fla. LEXIS 450; 1993 WL 64622 (Southern Reporter, Second Series)

Cases that cite this one

1 later published case cites this decision.

Parlier v. EAGLE-PICHER INDUSTRIES (Fla. Dist. Ct. App. 1993)

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.

In Pearlstein v. King, 610 So.2d 445 (Fla. 1992), we held that the 120-day rule for serving a defendant in Florida Rule of Civil Procedure 1.070(j) applies to causes of action pending on January 1, 1989. Therefore, we quash Parlier v. Eagle-Picher Industries, Inc., 596 So.2d 1125 (Fla. 5th DCA 1992) and direct the district court to remand for further proceedings consistent with this opinion.’*

It is so ordered.

BARKETT, C.J., and OVERTON, McDonald, shaw, grimes, kogan and HARDING, JJ., concur.

We note that respondents argue that some of the petitioners waived reliance on the 120-day rule by failing to raise the defense in their responsive pleadings or motions. This is an issue which may be resolved upon remand.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.