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GAINES v. PLACILLA

No. 92-4379.

634 So.2d 711 (1994)

Amos GAINES and Louie Gaines, Appellants, v. William J. PLACILLA, M.D., Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied May 4, 1994.

Attorney(s) appearing for the Case

Roosevelt Randolph and Burnadette D. Norris of Knowles & Randolph, Tallahassee, for appellants.

Michael W. Kehoe and Cynthia D. Simmons of Fuller, Johnson & Farrell, P.A., Tallahassee, for appellee.

JORGENSON, Associate Judge.

The appellants, Amos and Louie Gaines, initiated a medical malpractice action against Dr. William J. Placilla, the appellee. The case was dismissed with prejudice by the trial court under Florida Rule of Civil Procedure 1.070(i) (formerly rule 1.070(j)), the 120-day service rule. Before us is the order of the trial court dismissing with prejudice.

Rule 1.070(i) provides:

If service of the initial process and initial pleading...

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