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SMITH v. SAUNDERS

No. 94-01775.

652 So.2d 1187 (1995)

Lynne SMITH, Appellant, v. Christopher J. SAUNDERS, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied April 12, 1995.

Attorney(s) appearing for the Case

Amy G. Cohen of Latour & Associates, P.A., Tarpon Springs, for appellant.

Robert L. Kaleel of Kaleel & Kaleel, P.A., St. Petersburg, for appellee.

BLUE, Judge.

Lynne Smith appeals the dismissal of her complaint against Christopher Saunders for failure to achieve service within the time prescribed by Florida Rule of Civil Procedure 1.070(j). Smith argues that the trial court should not have dismissed the action after quashing her attempt to serve Saunders through the Secretary of State. We agree and reverse.

This court has held that "[e]ven though service of process ... was invalid, the action ... should...

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