Opinion
No. 79837.
March 11, 1993.
Application for Review of the Decision of the District Court of Appeal — Direct Conflict of Decisions Fifth District — Case Nos. 91-18, 91-19, 91-20, 91-22, 91-23, 91-24, 91-25, 91-26, 91-27, 91-28, 91-30 (Orange County).
Jonathan C. Hollingshead and Susan B. Collingwood of Fisher, Rushmer, Werrenrath, Keiner, Wack Dickson, P.A., Orlando, on behalf of W.R. Grace Co. — Conn.
James E. Tribble of Blackwell Walker, P.A., Miami, on behalf of Owens-Corning Fiberglas Corp.
Blaire Cole, P.A., Coral Gables, and Louise H. McMurray of Louise H. McMurray, P.A., Miami, on behalf of Fiberboard Corp., Keene Corp. and Pittsburgh Corning Corp.
Timothy Clark of the Law Offices of Timothy Clark, Miami, on behalf of U.S. Mineral Products Co.
Robert A. Hannah and Henry W. Jewett, II of Hannah, Marsee, Beik Vought, P.A., Orlando, on behalf of Owens-Illinois, Inc.
Robles Gonzalez, and Patrice A. Talisman of Paul, Landy, Beiley Harper, P.A., Miami, for respondents.
In Pearlstein v. King, 610 So.2d 445 (Fla. 1992), we held that the 120-day rule for serving a defendant in Florida Rule of Civil Procedure 1.070(j) applies to causes of action pending on January 1, 1989. Therefore, we quash Parlier v. Eagle-Picher Industries, Inc., 596 So.2d 1125 (Fla. 5th DCA 1992) and direct the district court to remand for further proceedings consistent with this opinion.
We note that respondents argue that some of the petitioners waived reliance on the 120-day rule by failing to raise the defense in their responsive pleadings or motions. This is an issue which may be resolved upon remand.
It is so ordered.
BARKETT, C.J., and OVERTON, McDONALD, SHAW, GRIMES, KOGAN and HARDING, JJ., concur.