PAYNE v. POYNTER

No. 97-00913.

707 So.2d 768 (1998)

Joyce Karen PAYNE and Peter Payne, her husband, Appellants, v. Robert L. POYNTER and R.L. Poynter Construction, Inc., Appellees.

District Court of Appeal of Florida, Second District.

Rehearing Denied February 19, 1998.


Attorney(s) appearing for the Case

Kenneth W. Mastrilli of Personal Injury Law Center, P.A., Tampa, and Raymond T. Elligett, Jr. of Schropp, Buell & Elligett, P.A., Tampa, for Appellants.

Hinda Klein of Conroy, Simberg & Ganon, P.A., Hollywood, for Appellees.


PER CURIAM.

The issue raised in this appeal is whether the plaintiffs in a personal injury action demonstrated good cause why service was not made within 120 days as required by rule 1.070(j), Florida Rules of Civil Procedure. We conclude that good cause was shown and, therefore, the trial court abused its discretion by dismissing the action.

Joyce and Peter Payne (the Paynes) sued the appellees for injuries Mrs. Payne suffered in an automobile accident allegedly...

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