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FERNANDEZ v. RES-CARE HEALTH SERV.

No. 95-852.

659 So.2d 422 (1995)

Jose FERNANDEZ, as Personal Representative of the Estate of Carmen Bertematti, deceased, Appellant, v. RES-CARE HEALTH SERVICES, INC., a foreign corporation doing business in Florida, Alan McGinnis, Kenneth Gummels and Donald Mitchell, individually and doing business as a partnership under the name "Brookwood Extended Care Center of Homestead", a foreign partnership doing business in Florida, Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied September 13, 1995.

Attorney(s) appearing for the Case

McLean & Schecht and Kevin A. McLean, Tampa, for appellant.

Peters, Robertson, Lax, Parsons & Welcher, and Geralyn M. Passaro, Ft. Lauderdale, for appellee Res-Care Health Services, Inc.

Kenney Burd & Markowitz and Madelyn Simon Lozano, Miami, for appellees Alan McGinnis, Kenneth Gummels, and Donald Mitchell, individually and doing business as Brookwood Extended Care Center of Homestead.

Before BARKDULL, BASKIN and LEVY, JJ.

PER CURIAM.

The appellant's motion for relief under Florida Rule of Civil Procedure 1.540 was denied by the trial court because of the trial court's mistaken belief that the motion was not filed within the time period provided for within said rule. As reflected in the briefs filed by the parties herein, as well as the record on appeal, the appellant's motion was filed within the one year period specified in the rule. See Fla.R.Civ.P. 1.540(b). Accordingly,...

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