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TIPTON v. GALLAGHER

No. 94-46.

646 So.2d 840 (1994)

Kimberly Lynn TIPTON, Appellant, v. Walt GALLAGHER as Orange County Sheriff, et al., Appellee.

District Court of Appeal of Florida, Fifth District.

December 16, 1994.

Attorney(s) appearing for the Case

Nolan Carter and Linda Schwichtenberg, Orlando, for appellant.

Bobby G. Palmer, Jr., Eubanks, Hilyard, Rumbley, Meier & Lengauer, P.A., Orlando, for appellee.

HARRIS, Chief Judge.

Kimberly Lynn Tipton sued Walt Gallagher, as sheriff, because of injuries she received from a collision with one of his deputies. Although Gallagher was timely served with (and responded to) the complaint, service on the Department of Insurance was not effected within the 120-day period required by Rule 1.070(j), Rules of Civil Procedure. The trial court dismissed the complaint on this basis. We reverse.

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