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PARTIN v. FLAGLER HOSP., INC.

No. 90-360.

581 So.2d 240 (1991)

Della E. PARTIN and Thomas V. Partin, Her Husband, Appellants, v. FLAGLER HOSPITAL, INC., etc., et al., Appellees.

District Court of Appeal of Florida, Fifth District.

June 13, 1991.

Attorney(s) appearing for the Case

Jason G. Reynolds of Coble, Barkin, Gordon, Morris & Reynolds, P.A., Daytona Beach, for appellants.

Gregg L. Wirtz of Boyd & Jenerette, P.A., Jacksonville, for appellees.

PETERSON, Judge.

Della and Thomas Partin appeal the dismissal of their negligence complaint against Flagler Hospital, Inc. We reverse.

Partin sued Flagler for injuries received in 1981 when an elevator malfunctioned. This original suit was dismissed in 1985, but was followed by a similar complaint in that year. Service was not made until November 6, 1989. After it was served, Flagler successfully moved to dismiss the complaint pursuant to rule 1.070(j), Florida...

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