Opinion
Nos. 98-150, 97-3096.
October 21, 1998.
An Appeal from the Circuit Court for Dade County; Fredericka G. Smith, Judge.
Adorno Zeder, Raoul G. Cantero, III, Coconut Grove, and Jonathan D. Colan, Miami, for appellants.
Paxton, Crow, Bragg, Smith Nelson and Michele I. Nelson, West Palm Beach, for appellees Dade Truss Company, Inc., and Salvador Jurado.
Cole, White Billbrough and Geoffrey B. Marks, Miami, for appellees Mehmet Y. Ilter, B.K.M. East, Inc., and Ibbid Investments of Florida, Inc.
John H. Lipinski, Hollywood, for appellee Superior Truss Systems, Inc.
DiBartolomeo DiBartolomeo and Dean F. DiBartolomeo, Miami, for appellee Arthur Perrin.
Before LEVY, GODERICH and FLETCHER, JJ.
Based on the authority of Litwinski v. Weitzer Country Homes, Inc., 711 So.2d 1390 (Fla. 3d DCA 1998), we reverse the trial court's orders vacating the extension of time for service of process and dismissing the plaintiffs' case for failure to timely effectuate service of process. We find that the plaintiffs asserted reasonable grounds for the extension of time before the 120 days for service had expired, Litwinski, 711 So.2d at 1392; Fla.R.Civ.P. 1.090(b)(1), and note that the trial court did not have the benefit of Litwinski at the time of its decision.
Reversed and remanded for further proceedings consistent with this opinion.