Ten attempts at service within the statute of limitations constituted good cause for exceeding the deadline and did not warrant dismissal.

The plaintiff-appellant commenced this action on July 23, 2007, claiming personal injury damages allegedly caused by a motor vehicle accident on October 20, 2003. The defendant-appellees were served on December 22, 2007. After being served, the defendant moved to dismiss the complaint based on the claimant's failure to comply with the service requirements of Florida Rule of Civil Procedure 1.070(j). The plaintiff claimed that she had good cause for failing to serve process within 120 days. Her argument was based on her sworn statement asserting that her process server made ten attempts to serve process. The appellate court found this to be good cause and found that the trial court abused its discretion in dismissing the lawsuit.

Case Law Alert - 1st Qtr 2010