FRANK UVANNI AND GLORIA UVANNI, APPELLANTS,
v.
DOTT G.C. GALLENGA, M.D., APPELLEE

Fla. 3d DCA | 1993-06-08
No. 92-1459
Before HUBBART, JORGENSON and LEVY, JJ.
619 So. 2d 31 Florida District Court of Appeal, Third District (1993) Positive Treatment
Cited by 15 cases
Topics
Good Cause For Service Delay Service Delay Good Cause Abuse Of Discretion (Standard Of Review)

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Opinion of the Court
PER CURIAM.

PER CURIAM.

We affirm the trial court’s dismissal of the complaint, as plaintiffs failed to serve defendant within the period mandated by Fla.R.Civ.P. 1.070(j). Rule 1.070(j) provides that service of the initial process and pleading must be made within 120 days of filing, and that unless good cause is shown why such service has not been effected, the action will be dismissed without prejudice. Plaintiffs filed this action on June 28,1990; the summons directed to Dr. Gallenga was not issued until September 25, 1991 — one year and three months later. Accordingly, the trial court did not abuse its discretion in dismissing the complaint. See Morales v. Sperry Rand Corp., 601 So. 2d 538 (Fla. 1992) (where defendant did not attempt to obtain service for 110 days after filing complaint and gave no acceptable reason for delay, dismissal of action pursuant to Fla. R.Civ.P. 1.070(j) not abuse of discretion); Hernandez v. Page, 580 So. 2d 793 (Fla. 3d DCA1991) (neither settlement negotiations nor mistake or inadvertence of counsel, without more, constitute sufficient good cause to avoid dismissal under rule 1.070©).

We do not reach the remaining issues on appeal.

AFFIRMED.

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Cited By

  • Mortimer v. State, 770 So. 2d 743 (Fla. 4th DCA 2000)
    …ant enters a negotiated plea for a term of years, relying upon an incorrectly calculated scoresheet, such sentence is not illegal so long as it does not exceed the statutory maximum. Ivy v. State, 754 So. 2d 776 (Fla. 4th DCA 2000); Gibson v. State, 619 So. 2d 31 (Fla. 4th DCA 1993) and cases cited therein; Kleppinger v. State, 760 So. 2d 1045 (Fla. 2d DCA 2000); Dunenas v. Moore, 762 So. 2d 1007 (Fla. 3d DCA 2000); Gainer v. State, 590 So. 2d 1001 (Fla. 1st DCA 1991);. Because appellant entered a plea of no…
  • Williams v. State, 825 So. 2d 994 (Fla. 4th DCA 2002)
    …ctly calculated scoresheet, such sentence is not illegal so long as it does not exceed the statutory maximum.” Mortimer v. State, 770 So. 2d 743, 744 (Fla. 4th DCA 2000); accord Ivy v. State, 754 So. 2d 776, 776 (Fla. 4th DCA 2000); Gibson v. State, 619 So. 2d 31, 31-32 (Fla. 4th DCA 1993). Appellant’s sentence does not exceed the statutory maximum. Our affirmance is without prejudice to appellant filing a motion for postconviction relief pursuant to rule 3.850 to seek withdrawal of his plea based upon its…
  • IVY v. State, 754 So. 2d 776 (Fla. 4th DCA 2000)
    …ntence resulting from negotiated plea that exceeds guidelines range and which is based on incorrectly calculated score sheet is not illegal for purposes of motion to correct sentence as long as it does not exceed statutory maximum); Gibson v. State, 619 So. 2d 31 (Fla. 4th DCA 1993) (affirming appellant’s sentence notwithstanding trial court’s use of incorrect and erroneously calculated sentencing guidelines score sheet, where trial court sentenced appellant pursuant to valid plea agreement). AFFIRMED. W…

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