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Prudential Ins. Co. of Am. v. Stoffel

District Court of Appeal of Florida, Fourth District
Jul 24, 1975
316 So. 2d 90 (Fla. Dist. Ct. App. 1975)
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Summary

In Ins. Co. v. Stoffel, 48 Kan. 205, 29 P. 479, where a summons and service thereof were set aside, and no new service was had within the 60 days, and in the meantime the statute of limitation had run against plaintiff's cause of action, the action was held to have been commenced too late. Therefore plaintiff's action would have been commenced in time had service been had within 60 days after the filing of the petition.

Summary of this case from Crowley-Lanter Lbr. Co. v. Dow
See 1 Summary

Opinion

No. 75-1161.

July 24, 1975.

Appeal from Circuit Court, Orange County; W. Rogers Turner, Judge.

Appeal dismissed.

Summaries of

Prudential Ins. Co. of Am. v. Stoffel

District Court of Appeal of Florida, Fourth District
Jul 24, 1975
316 So. 2d 90 (Fla. Dist. Ct. App. 1975)

In Ins. Co. v. Stoffel, 48 Kan. 205, 29 P. 479, where a summons and service thereof were set aside, and no new service was had within the 60 days, and in the meantime the statute of limitation had run against plaintiff's cause of action, the action was held to have been commenced too late. Therefore plaintiff's action would have been commenced in time had service been had within 60 days after the filing of the petition.

Summary of this case from Crowley-Lanter Lbr. Co. v. Dow
Case details for

Prudential Ins. Co. of Am. v. Stoffel

Case Details

Full title:PRUDENTIAL INSURANCE COMPANY OF AMERICA, APPELLANT, v. CLYDE A. STOFFEL…

Court:District Court of Appeal of Florida, Fourth District

Date published: Jul 24, 1975

Citations

316 So. 2d 90 (Fla. Dist. Ct. App. 1975)

Citing Cases

Crowley-Lanter Lbr. Co. v. Dow

This upon the ground that actual service was had within the 60 days. In Ins. Co. v. Stoffel, 48 Kan. 205, 29…

1 Citing Cases