METZ v. PAUL

No. 98-1094.

712 So.2d 848 (1998)

Bruce Craig METZ, Appellant, v. Russell PAUL and Doreen Paul, Appellees.

District Court of Appeal of Florida, Fourth District.

July 15, 1998.


Attorney(s) appearing for the Case

Donald W. Hafele of Donald W. Hafele, P.A., West Palm Beach, for appellant.

Lynn G. Waxman of Lynn G. Waxman, P.A., and Lawrence U.L. Chandler of Davis, Gordon, Doner & Chandler, P.A., West Palm Beach, for appellees.


PER CURIAM.

We reverse the order denying the appellant's motion to dismiss for failure to serve the complaint within the time permitted by Florida Rule of Civil Procedure 1.070(j)(1996). The plaintiffs did not move for an extension of time until after the time limit had expired. When they did move for an extension, they did not allege that any attempt at service had been made during the 120 day period allowed by the rule.

Because the plaintiffs did not timely...

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