Thomas v. Silvers, 701 So. 2d 389 (Fla. 3d DCA 1997). · Go Syfert
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Thomas v. Silvers, 701 So. 2d 389 (Fla. 3d DCA 1997). Cases Citing This Book View Copy Cite
13 citation events (5 in the last 25 years) across 2 distinct courts.
Strongest positive: Thomas v. Silvers (fla, 1999-10-21)
Top citers, strongest first. 7 distinct citers. How cited ↗
cited Cited as authority (rule) Thomas v. Silvers
Fla. · 1999 · confidence medium
Thomas v. Silvers, 701 So.2d 389, 390 (Fla. 3d DCA 1997).
discussed Cited as authority (rule) Waxoyl Ag v. Taylor, Brion, Buker
Fla. Dist. Ct. App. · 1998 · confidence medium
Waxoyl finally argues that the complaint should be dismissed because the law firm failed to serve process on it within 120 days after the filing of the complaint, as required by Florida Rule of Civil Procedure 1.070(I) (1995). [3] That issue cannot be raised by interlocutory appeal, see Thomas v. Silvers, 701 So.2d 389, 390 (Fla. 3d DCA 1997); Polo v. Polo, 643 So.2d 55 (Fla. 3d DCA 1994), and we decline to treat the appeal as a petition for writ of certiorari.
cited Cited "see" Sheikh v. Mughal-Sheikh
Fla. Dist. Ct. App. · 2012 · signal: see · confidence high
See generally Thomas v. Silvers, 701 So.2d 389, 390 (Fla. 3d DCA 1997) (dismissing non-final, non-appealable order for lack of jurisdiction).
cited Cited "see" Sheikh v. Mughal-Sheikh
Fla. Dist. Ct. App. · 2012 · signal: see · confidence high
See generally Thomas v. Silvers, 701 So.2d 389, 390 (Fla. 3d DCA 1997) (dismissing non-final, non-appealable order for lack of jurisdiction).
cited Cited "see" Sheikh v. Mughal-Sheikh
Fla. Dist. Ct. App. · 2012 · signal: see · confidence high
See generally Thomas v. Silvers, 701 So.2d 389, 390 (Fla. 3d DCA 1997) (dismissing non-final, non-appealable order for lack of jurisdiction).
cited Cited "see" Sheikh v. Mughal-Sheikh
Fla. Dist. Ct. App. · 2012 · signal: see · confidence high
See generally Thomas v. Silvers, 701 So.2d 389, 390 (Fla. 3d DCA 1997) (dismissing non-final, non-appealable order for lack of jurisdiction).
discussed Cited "see" Traylor Bros., Inc. v. Shipman
Fla. Dist. Ct. App. · 1999 · signal: see · confidence high
See Thomas v. Silvers, 701 So.2d 389 (Fla. 3d DCA 1997), review granted, No. 91,860, — So.2d(Fla. Mar. 31, 1998); Khandjian v. Compagnie Financiere Mediterranee Cofimed, S.A., 619 So.2d 348 (Fla. 2d DCA 1993).
Retrieving the full opinion text from the archive…
Michael THOMAS, et al., Appellants,
v.
James S. SILVERS, et al., Appellees.
97-2617.
District Court of Appeal of Florida, Third District.
Nov 5, 1997.
701 So. 2d 389
Nesbitt, Levy and Fletcher.
Cited by 11 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 86%
Citer courts: District Court of Appeal of Fl… (1)

Thomas F. Luken, Ft. Lauderdale, for appellants.

Zack, Sparber, Kosnitzky, Spratt & Brooks, Stephen N. Zack and Jill E. Anderson, Miami, for appellees.

[*390] Before NESBITT, LEVY and FLETCHER, JJ.

PER CURIAM.

Appellants, defendants below, seek review of an order denying their motion to dismiss which was based solely on Florida Rule of Civil Procedure 1.070(i) (formerly 1.070(j)), which provides that complaints must be served on defendants within 120 days of their filing. The appellees, plaintiffs below, have filed a motion to dismiss this appeal, which we grant.

We find that the trial court's order is a nonappealable non-final order, as it does not fall within one of the enumerated categories under Florida Rule of Appellate Procedure 9.130(a)(3). See Novella Land, Inc. v. Panama City Beach Office Park, Ltd., 662 So.2d 743 (Fla. 1st DCA 1995); Polo v. Polo, 643 So.2d 55 (Fla. 3d DCA 1994); RD & G Leasing, Inc. v. Stebnicki, 626 So.2d 1002 (Fla. 3d DCA 1993); Khandjian v. Compagnie Financiere Mediterranee Cofimed, 619 So.2d 348 (Fla. 2d DCA 1993), disagreed with on other grounds by Cannon v. Yager, 658 So.2d 591 (Fla. 2d DCA 1995). Since we find that the trial court's order is not an order determining jurisdiction of the person—the only possible rule 9.130(a)(3) category it might fall within—we have no jurisdiction and, therefore, we dismiss the appeal. See Polo, 643 So.2d at 55; Khandjian, 619 So.2d at 348.

We agree with the Khandjian court that the Supreme Court's Morales decision[1] does not expand rule 9.130(a)(3) so as to render appealable an order denying a motion to dismiss based solely on the failure to obtain timely service of process. Khandjian, 619 So.2d at 349. We certify conflict with Mid-Florida Associates, Ltd. v. Taylor, 641 So.2d 182 (Fla. 5th DCA 1994); and Comisky v. Rosen Management Service, Inc., 630 So.2d 628 (Fla. 4th DCA 1994)(en banc).

Motion granted; appeal dismissed.

1 Morales v. Sperry Rand Corp., 601 So.2d 538 (Fla.1992).