PATTERSON v. LOEWENSTEIN

No. 95-4316.

686 So.2d 776 (1997)

Harry PATTERSON, Appellant, v. Howard LOEWENSTEIN, Appellee.

District Court of Appeal of Florida, Fourth District.

January 22, 1997.


Attorney(s) appearing for the Case

Thomas A. Conrad of Heller & Conrad, P.A., Hollywood, for appellant.

Burney J. Carter of Burney J. Carter, P.A., Sebastian, for appellee.


WARNER, Judge.

The plaintiff/appellee filed a complaint within days before the statute of limitations expired. Because the appellee's attorney determined that additional investigation was necessary to determine whether appellee's claim was viable, he did not attempt to have the complaint served on appellant. The 120-day time for service under Florida Rule of Civil Procedure 1.070(i) ran without a motion for extension. Upon a hearing on the appellant's motion to dismiss...

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