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APAC, INC. v. MULLER

No. 2D04-227.

889 So.2d 894 (2004)

APAC, INC., APAC-Florida, Inc., and Gator Asphalt Paving, Inc., Appellants, v. Richard MULLER, Appellee.

District Court of Appeal of Florida, Second District.

December 3, 2004.

Attorney(s) appearing for the Case

Leo H. Meirose, Jr., Tampa, for Appellants.

Frank J. Currie of Beltz Ruth Magazine Newman & Kohl, P.A., St. Petersburg, for Appellee.

NORTHCUTT, Judge.

In 1999, Richard Muller sued several entities for damages stemming from a bicycle accident. In May 2003, he filed an amended complaint adding APAC, Inc., APAC-Florida, Inc., Gator Asphalt Paving, Inc., and others not involved in this appeal, as defendants. The APAC corporations and Gator Asphalt were never served with process, and in September 2003, they moved to dismiss pursuant to Florida Rule of Civil Procedure 1.070(j).1

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