W.R. GRACE & CO.-CONNECTICUT, OWENS-CORNING FIBERGLAS CORPORATION, ET AL., PETITIONERS,
v.
GARLAND P. PARLIER, ET UX., RESPONDENTS
W.R. GRACE & CO.-CONNECTICUT, OWENS-CORNING FIBERGLAS CORPORATION, ET AL., PETITIONERS,
GARLAND P. PARLIER, ET UX., RESPONDENTS
614 So. 2d 500
Florida Supreme Court (1993)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
In Pearlstein v. King, 610 So. 2d 445 (Fla.1992), we held that the 120-day rule for serving a defendant in Florida Rule of Civil Procedure 1.070(j) applies to causes of action pending on January 1, 1989. Therefore, we quash Parlier v. Eagle-Picher Industries, Inc., 596 So. 2d 1125 (Fla. 5th DCA 1992) and direct the district court to remand for further proceedings consistent with this opinion.’*
It is so ordered.
BARKETT, C.J., and OVERTON, McDonald, shaw, grimes, kogan and HARDING, JJ., concur. *
We note that respondents argue that some of the petitioners waived reliance on the 120-day rule by failing to raise the defense in their responsive pleadings or motions. This is an issue which may be resolved upon remand.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Garland P. Parlier v. Eagle-Picher Indus., Inc., 622 So. 2d 479 (Fla. 5th DCA 1993)…HARRIS, Judge. In accordance with W.R. Grace & Co.— Connecticut v. Parlier, 614 So. 2d 500 (Fla.1993), this cause is remanded to the circuit court for further proceedings consistent therewith, including consideration of whether some of appellees waived reliance on the 120 day rule in Florida Rule of Civil Procedure 1.070(j) by failing to…
Authorities Cited
- Leslie Pearlstein, M.D. v. King, 610 So. 2d 445 (Fla. 1992)
- Garland P. Parlier v. Eagle-Picher Indus., Inc., 596 So. 2d 1125 (Fla. 5th DCA 1992)