HERNANDEZ v. PAGE

No. 90-259.

580 So.2d 793 (1991)

Jose HERNANDEZ, etc., Appellants, v. Russell Houston PAGE, Sr., et al., Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied July 3, 1991.


Attorney(s) appearing for the Case

Scherman and Zelonker and Regina Zelonker, Hialeah, A. Koss, Miami, for appellants.

Preddy, Kutner, Hardy, Rubinoff, Brown & Thompson and G. William Bissett, Miami, for appellees.

Before SCHWARTZ, C.J., and BARKDULL and NESBITT, JJ.


NESBITT, Judge.

Plaintiffs appeal an order dismissing their lawsuit for failure to serve their complaint within 120 days of filing suit. We affirm.

Plaintiffs were granted dismissal, without prejudice, of their initial cause of action on January 10, 1989. They refiled their action on February 2, 1989 but never repeated service of process on the defendants. Some eight months later defendants moved for dismissal because service had not been made within 120 days...

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