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HANNAH v. OLIVO

No. 5D09-1147.

38 So.3d 815 (2010)

Darlene HANNAH, Appellant, v. Joshua OLIVO, Appellee.

District Court of Appeal of Florida, Fifth District.

June 18, 2010.

Attorney(s) appearing for the Case

William T. Viergever, Sonneborn, Rutter, Cooney & Klingensmith, P.A., West Palm Beach, for Appellant.

Bethany L. Schonsheck, of Hassell, Moorhead & Carroll, Daytona Beach, for Appellee.

EVANDER, J.

Darlene Hannah appeals from a final order dismissing her lawsuit against Joshua Olivo for failure to timely effect service of process. Because of the applicable statute of limitations, the order effectively dismissed Hannah's case with prejudice. We reverse. It was error to dismiss Hannah's action where Olivo was served with process, albeit defectively, within the time period designated by the trial court.

On November 1, 2007, Hannah filed the...

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