In this case out of the 1st DCA, a citizen filed a suit under s. 163.3215 within the 30 day window for doing so. But she didn't complete service for 124 days -- whoops - just outside the 120 day window.
The court dismissed, but apparently didn't consider the changes to Rule 1.070(j) which gives the court discretion to direct that the suit be served within a period of time. Remanded for reconsideration - and I would suspect that the court will use its discretion to let her proceed.
Thứ Ba, 11 tháng 5, 2004
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