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WALLER v. WALLER

No. 94-02522.

650 So.2d 193 (1995)

Yvette WALLER, Appellant, v. Ernest WALLER, Appellee.

District Court of Appeal of Florida, Second District.

February 10, 1995.

Attorney(s) appearing for the Case

John E. Swisher, St. Petersburg, for appellant.

Stephen O. Cole and J. Matthew Marquardt of Macfarlane Ausley Ferguson & McMullen, Clearwater, for appellee.

DANAHY, Acting Chief Judge.

The appellee (the plaintiff) originated this action by filing a complaint against the appellant (the defendant) and another party on August 31, 1990. A motion to dismiss was filed by the defendant on July 22, 1993, alleging that the initial complaint was filed but never served on her within 120 days as required by Florida Rule Civil Procedure 1.070(i). The trial court entered an order granting the motion to dismiss.

Subsequently...

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