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SLY v. McKEITHEN

No. 1D09-0895.

27 So.3d 86 (2009)

Glenda SLY, as Personal Representative of the Estate of James T. Sly, Jr., Deceased, Appellant, v. Frank McKEITHEN, Bay County Sheriff, Board of County Commissions, Bay County, Florida; Corrections Corporation of America; and Miko Davette Harris, Appellees.

District Court of Appeal of Florida, First District.

Rehearing Denied February 5, 2010.

Attorney(s) appearing for the Case

Roy D. Wasson and Annabel Majewski, of Wasson & Associates, Chartered, Miami; and Sam K. Zawahry, of the Zawahry Firm, P.A., Panama City, for Appellant.

Clifford C. Higby and Halley A. Stark of Bryant & Higby, Chartered, Panama City, for Appellees, Corrections Corporation of America and Miko Davette Harris.

PER CURIAM.

Glenda Sly, as personal representative of the estate of James Sly, Jr., appeals from an order granting the motion of Corrections Corporation of America and Harris to dismiss for failure to comply with Florida Rule of Civil Procedure 1.070(j), which requires service of process to be effected within 120 days from the filing of the complaint. Because we conclude that it was an abuse of discretion for the trial court...

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