Stahl v. Evans

Marlene H. STAHL and Larry A. Stahl, Appellants, v. Eyliza J. EVANS as Next Friend of Patience Evans, a minor, Appellee.

District Court of Appeal of Florida

Decided April 23, 1997.

District Court of Appeal of Florida · decided 1997-04-23

Cited by 3 later decisions — most recently October 1999

3 state decisions

Relies on 629 So. 2d 817 - Kozel v. Ostendorf · 686 So. 2d 776 - Patterson v. Loewenstein

Good law ✅— No negative treatment on recordhow we know

Decided 1997-04-23

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¶1Elizabeth M. Rodriguez of Kubicki Draper, Miami, for appellants.

¶2Alan R. Burton, Fort Lauderdale, for appellee.

¶3 *1185 PER CURIAM.

¶4We reverse the trial court's order setting aside a dismissal for failure to timely serve the complaint under Fla. R. Civ. P. 1070(i). The trial court's original order of dismissal was proper under Patterson v. Loewenstein,686 So.2d 776,(Fla. 4th DCA 1997). Kozel v. Ostendorf,629 So.2d 817 (Fla.1993) is not controlling, since it does not pertain to a Rule 1.070(i) dismissal. The case is remanded to the trial court with directions to reinstate the dismissal.

¶5POLEN, SHAHOOD and GROSS, JJ., concur.