ESTATE OF SCHAFER EX REL. SCHAFER v. SCHAFER

No. 91-585.

582 So.2d 121 (1991)

The ESTATE OF Jessica SCHAFER, by and through Her Father and Natural Guardian, Michael SCHAFER, Appellant, v. Julie SCHAFER, William Miller, and Laura Miller, Appellees.

District Court of Appeal of Florida, Third District.

July 2, 1991.


Attorney(s) appearing for the Case

Rosen & Switkes, P.A., and John A. Foley, Rossano, Miami Beach, Torrent & Leyte-Vidal, P.A., and Robert Rossano, Miami, for appellant.

Adorno & Zeder, P.A., and Raoul G. Cantero, III, and William S. Berk, Coconut Grove, for appellees.

Before NESBITT, BASKIN and JORGENSON, JJ.


PER CURIAM.

Michael Schafer appeals from an order dismissing a wrongful death action for failure to perfect service of process within 120 days of filing suit. For the following reason, we reverse.

On October 12, 1990, Michael Schafer filed his complaint for wrongful death. On February 1, 1991, Julie Schafer moved to dismiss1 Mr. Schafer's complaint against her pursuant to Florida Rule of Civil Procedure

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