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PARLIER v. EAGLE-PICHER INDUSTRIES, INC.

Nos. 91-18, 91-19, 91-20, 91-22, 91-23, 91-24, 91-25, 91-26, 91-27, 91-28, and 91-30.

596 So.2d 1125 (1992)

Garland P. PARLIER, et ux, et al., Appellants, v. EAGLE-PICHER INDUSTRIES, INC., et al., Appellees.

District Court of Appeal of Florida, Fifth District.

Rehearings Denied April 23, 1992.

Attorney(s) appearing for the Case

Patrice A. Talisman and David B. Pakula, of Robles & Gonzales, Miami, and Daniels & Talisman, P.A., Miami, for appellants.

Henry W. Jewett, II, of Hannah, Marsee, Beik & Voght, Orlando, for appellee, Owens-Illinois, Inc.

Ronnie H. Walker, of Ronnie H. Walker, P.A., Orlando, for appellee, U.S. Mineral Products, Inc.

Jonathan C. Hollingshead and Susan B. Collingwood, of Fisher, Rushmer, Werrenrath, Keiner, Wack & Dickson, P.A., Orlando, for appellee, W.R. Grace & Co.

Wendy F. Lumish and Amy M. Uber, of Rumberger, Kirk, Caldwell, Cabaniss, Burke & Wechsler, Miami, for appellee, Foster Wheeler Corp.

M. Stephen Smith and Marie P. Montefusco, of Rumberger, Kirk, Caldwell, Cabaniss, Burke & Wechsler, Miami, for appellee, Anchor Packing Co.

James E. Tribble, of Blackwell & Walker, P.A., Miami, for appellee, Owens-Corning Fiberglass Corp.

Louise H. McMurray, of Louise H. McMurray, P.A., Miami, and Susan J. Cole, of Blair & Cole, P.A., Coral Gables, for appellees Pittsburgh Corning Corp., Fiberboard Corp. and Keene Corp.

No appearance for appellee, Eagle-Picher.

HARRIS, Judge.

In 1987 appellants in this consolidated action filed suit for damages alleging asbestos related injuries. Service was not effected within 120 days from the filings nor within 120 days from the effective date of Florida Rules of Civil Procedure 1.070(j).

The trial court held that Rule 1.070(j) was applicable to these cases and, since appellants had failed to show good cause for their noncompliance with the 120 day rule, the actions were dismissed...

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