McLENDON v. SMITH

No. 91-253.

589 So.2d 410 (1991)

Zoe Gail McLENDON, Appellant, v. Helen Marie (Farley) SMITH, Appellee.

District Court of Appeal of Florida, Fifth District.

November 14, 1991.


Attorney(s) appearing for the Case

T. Michael McKnight of Matusek, McKnight, Hudson & Jaspers, P.A., St. Petersburg, for appellant.

Dennis P. Waggoner of Hill, Ward Henderson, P.A., Tampa, for appellee.


PETERSON, Judge.

Zoe Gail McLendon appeals the dismissal of her personal injury claim for failure to serve the defendant with process within 120 days after filing her complaint as required by rule 1.070(j), Florida Rules of Civil Procedure. She alleges that the trial court abused its discretion in finding that she had not demonstrated good cause for failure to comply with the 120-day rule.

McLendon and Helen Marie Farley Smith were involved in a two-car automobile...

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