Ellis v. East Coast Cooling Tower, Inc.
The Fifth DCA reversed the trial court's dismissal of Tammy Ellis's personal injury complaint for failure to timely serve East Coast Cooling Tower under Rule 1.070(j), where service was completed before the motion hearing and the statute of limitations had run — making the dismissal effectively with prejudice. The court reaffirmed that a trial court abuses its discretion under these circumstances.
Key facts
- Tammy Ellis filed a personal injury complaint against East Coast Cooling Tower, Inc., and experienced difficulties effecting timely service of process under Florida Rule of Civil Procedure 1.070(j).
- Service of process on the defendant was ultimately completed before the date of the hearing on the defendant's motion to dismiss for failure to timely serve.
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Holdings
- A trial court abuses its discretion under Fla. R. Civ. P. 1.070(j) by dismissing a complaint for failure to timely serve where: (1) service was completed before the hearing on the motion to…
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Why it matters
Consistent with established 5th DCA precedent. A useful reminder for plaintiffs' attorneys facing Rule 1.070(j) motions: if service has been completed before the hearing, move to confirm service and present that fact to… — full analysis with a trial
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