Belleview Villas Condominium I Association, Inc. v. Heritage Property & Casualty Insurance Company
The Third DCA affirmed the Miami-Dade Circuit Court's dismissal of a condominium association's insurance claim against Heritage Property & Casualty for failure to effectuate timely service of process under Florida Rule of Civil Procedure 1.070(j). The dismissal was upheld despite the statute of limitations having run, effectively barring any refiling.
Key facts
- Belleview Villas Condominium I Association filed suit against Heritage Property & Casualty Insurance Company in Miami-Dade County Circuit Court (Lower Tribunal No. 22-17523-CA-01).
- The association failed to effectuate service of process within the time required by Florida Rule of Civil Procedure 1.070(j).
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Holdings
- Trial courts retain discretion under Rule 1.070(j) to dismiss for failure to effectuate service even when the statute of limitations has run and dismissal will preclude refiling; the court…
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