O'LEARY v. MacDONALD

No. 93-3719.

657 So.2d 81 (1995)

Joyce O'LEARY and Michael O'Leary, her husband, Appellants, v. John MacDONALD, M.D., Radiologists of North Fort Lauderdale, P.A., a Florida corporation, Ira Litzenblatt, M.D., et al., Appellees.

District Court of Appeal of Florida, Fourth District.

July 19, 1995.


Attorney(s) appearing for the Case

Todd R. Schwartz and Arnold R. Ginsberg of Perse, P.A. & Ginsberg, P.A., and Fred O. Pasternack, Miami, for appellants.

Angela C. Flowers of Kubicki Draper, P.A., Miami, for appellees.


PER CURIAM.

AFFIRMED.

GUNTHER, C.J., and SHAHOOD, J., concur.

PARIENTE, J., concurs specially with opinion.

PARIENTE, Judge, concurring.

Plaintiff appeals the dismissal of defendant, Ira Litzenblatt, M.D., from a medical malpractice action because he was not served within 120 days after the filing of the complaint. The trial court relied on Florida Rule of Civil Procedure 1.070(j) (redesignated as subdivision (i) in 1992) and Morales...

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