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BERDEAUX v. EAGLE-PICHER INDUSTRIES, INC.

No. 90-94.

575 So.2d 1295 (1990)

Woodrow BERDEAUX and Louise Berdeaux, et al., Appellants, v. EAGLE-PICHER INDUSTRIES, INC., et al., Appellees.

District Court of Appeal of Florida, Third District.

As Clarified January 29, 1991.

Rehearing Denied April 3, 1991.

Attorney(s) appearing for the Case

Ferraro & Associates and James L. Ferraro and Marjorie N. Salem, Miami, for appellants.

Blaire & Cole and Susan J. Cole, Coral Gables, Louise H. McMurray, Miami, for Eagle-Picher Industries, Inc.

Blackwell & Walker and Kathleen M. Salyer, Miami, for Owens-Corning Fiberglas, Inc.

Kubicki, Draper, Gallagher & McGrane and Betsy E. Gallagher, Miami, for W.R. Grace & Co.

Shutts & Bowen and Robert P. Major, Miami, for Georgia-Pacific Corp.

Wolpe, Leibowitz, Berger & Brotman and Steven R. Berger, Miami, and Bradley H. Trushin, Miami Beach, for Celotex Corp.

Before JORGENSON, LEVY and GODERICH, JJ.

LEVY, Judge.

Nine asbestos-litigation plaintiffs appeal the trial court's order dismissing their actions, without prejudice, for failure to serve the defendants within 120 days subsequent to the filing of their complaints. These nine asbestos-litigation complaints were filed between January of 1987 and March of 1988. The defendants remained unserved until August and September of 1989. On September 25, 1989, the defendants filed a motion to dismiss for failure to effect...

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