CARTER v. WINN-DIXIE STORE, INC.

Nos. 1D03-3246, 1D03-4538.

889 So.2d 960 (2004)

Willie CARTER, Appellant, v. WINN-DIXIE STORE, INC., and Williams & Rowe Co., Appellee.

District Court of Appeal of Florida, First District.

December 20, 2004.


Attorney(s) appearing for the Case

Sean A. Pittman, Tallahassee, for Appellant.

Jennifer S. Worley, for Winn-Dixie Store, Inc., Jacksonville, and Michael H. Lax, for Williams & Rowe Co., Coral Gables.


HAWKES, J.

Appellant challenges the trial court's order dismissing his action against Appellees with prejudice for failure to comply with Florida Rule of Civil Procedure 1.070(j), which requires a plaintiff to serve process on the defendant within 120 days from filing the complaint. Because it is unclear whether the trial court was aware it was permitted to grant an extension of time for service, even without a showing of good cause, we reverse and remand.

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