Summary
In Stahl, the Fourth District Court ruled that the Kozel factors are inapplicable to the determination of good cause for late service.
Summary of this case from Shands Teaching Hospital and Clinics v. WarrenOpinion
Case No. 96-2073
Opinion filed April 23, 1997
Appeal of a non-final order from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; Harold Jeffrey Cohen, Judge; L.T. Case No. CL 95-5248 AH.
Elizabeth M. Rodriguez of Kubicki Draper, Miami, for appellants.
Alan R. Burton, Fort Lauderdale, for appellee.
We reverse the trial court's order setting aside a dismissal for failure to timely serve the complaint under Fla. R. Civ. P. 1070(i). The trial court's original order of dismissal was proper under Patterson v. Lowenstein, 22 Fla. L. Weekly D248 (Fla. 4th DCA Jan. 22, 1997). Kozel v. Ostendorf, 629 So.2d 817 (Fla. 1993) is not controlling, since it does not pertain to a Rule 1.070(i) dismissal. The case is remanded to the trial court with directions to reinstate the dismissal.
POLEN, SHAHOOD and GROSS, JJ., concur.