The 120-day rule: what you need to know.

Florida Bar JournalVol. 73 Nbr. 6, June 1999

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Summary


Florida statute of limitations

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Extract


The 120-day rule: what you need to know.

The purpose of the rule is to prevent a plaintiff from filing a suit and then taking no action whatsoever to proceed on the claim.

Florida Rule of Civil Procedure 1.070 (j) states that a complaint must be served upon the defendant within 120 days after the complaint is filed. If it is not served within this time frame, a motion to dismiss is appropriate and the case is dismissed without prejudice. The complaint can be refiled so long as the statute of limitations has not run. A problem arises, however, if the complaint is not served within the statutory time p...

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