FOSTER v. CHUNG

No. 98-0485.

738 So.2d 350 (1999)

Beverly FOSTER, individually and as Personal Representative of the Estate of Angela Foster, Appellant, v. Andre Wayne CHUNG, Miami Management Inc., Nissan Motor Acceptance Corporation, Amerifirst Development Corporation, SWA Group, Inc., Hoover Irrigation Corp., Houston Landscape Systems, Inc., Lennar Partners, Inc., Lennar Florida Land III QA, Ltd., Lennar Florida Land III QA, Inc., CRSS, Inc., CRSS of Florida, Inc. CRS Sirrine Of Florida, Inc., Savannah Landscaping, Inc., Styles Corporation, Styles Landscape Service Co., Hardrives Company, Control Precipitation Design, Inc., Keith And Schnars, P.A., The Single Family Homes In Sawgrass Mills Association, Inc., The Residences of Sawgrass Mills Community Association, Inc., City of Sunrise, and Florida Department Of Transportation, Appellees.

District Court of Appeal of Florida, Fourth District.

June 16, 1999.


Attorney(s) appearing for the Case

Nancy Little Hoffman of Nancy Little Hoffman, P.A., Fort Lauderdale, Jeffrey C. Fox of Jeffrey C. Fox, P.A., Aventura, and Lawrence Rodgers of the Law Offices of Lawrence Rodgers, Miami, for appellant.

Gary A. Esler of Esler & Lindie, P.A., Fort Lauderdale, for Appellee-Miami Management Inc.


ON MOTION TO RECALL AND MODIFY MANDATE

PER CURIAM.

Appellant, Beverly Foster, moves this court to modify or recall the mandate issued March 5, 1999, directing the trial court to dismiss Foster's complaint against Miami Management, Inc., for failure to serve the defendant within 120 days of filing her complaint. We grant Foster's motion to recall the mandate and remand the case to the trial court to consider whether it would grant an extension for...

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