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BURGER KING CORPORATION v. RUDGE

Nos. 93-1423, 93-1424.

630 So.2d 632 (1994)

BURGER KING CORPORATION, a Florida Corporation, Appellant, v. William John RUDGE, and Prism Integrated Sanitation Management, Inc., f/k/a Bugs Burger Bug Killer, Inc., f/k/a Bugs Burger Chemical Company, Inc., Appellees. PRISM INTEGRATED SANITATION MANAGEMENT, INC., f/k/a Bugs Burger Bug Killers, Inc., and Bugs Burger Chemicals, Inc., f/k/a Bugs Burger Chemical Company, Inc., Appellants, v. William John RUDGE, and Burger King Corporation, a Florida Corporation, Appellees.

District Court of Appeal of Florida, Fourth District.

January 12, 1994.

Attorney(s) appearing for the Case

Lisa D. Harpring and Robin A. Blanton of Moss, Henderson, Vangaasbeck, Blanton & Koval, P.A., Vero Beach, for appellant/Burger King Corp.

Yvette Rhodes Prescott and Stephen B. Sundook of Peters, Robertson, Lax, Parson & Welcher, Miami and Fort Myers, for appellant/Prism Integrated Sanitation Management.

William Bassett, Jr. of Gary, Williams, Parenti, Finney & Lewis, Fort Pierce, for appellee/William John Rudge.

PER CURIAM.

AFFIRMED. The trial court declined to dismiss appellee's case even though the appellee did not effect service of process upon the appellants within 120 days of filing suit. See Fla.R.Civ.P. 1.070(i).1 The trial court relied upon the holding in Morales v. Sperry Rand Corp., 601 So.2d 538 (Fla. 1992), that trial courts have "broad discretion in declining to dismiss an action if...

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