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AMARAN v. MARATH

No. 3D08-1010.

34 So.3d 88 (2010)

Vennila AMARAN, as Guardian of Preetha Amaran, Appellant, v. Aubyn MARATH, M.D., Appellee.

District Court of Appeal of Florida, Third District.

Rehearing and Rehearing En Banc Denied May 28, 2010.

Attorney(s) appearing for the Case

Gerson & Schwartz and Edward S. Schwartz and Philip M. Gerson, Miami, for appellant.

Rodriguez, Aronson, Essington & Ross and Domingo C. Rodriguez, for appellee.

Before WELLS, SHEPHERD, and SUAREZ, JJ.

SUAREZ, J.

Vennila Amaran ("Ms. Amaran"), as Guardian of Preetha Amaran, appeals a final order of dismissal entered upon the granting of a motion to quash service of process for failure to serve the defendant, Aubyn Marath, M.D. ("Dr. Marath"), within 120 days of the filing of the amended complaint. We reverse. Based on the facts surrounding Ms. Amaran's attempts to serve Dr. Marath, the trial court abused its discretion in dismissing the action pursuant to Florida...

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