NATIONSBANK, NA v. Ziner

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• recognizing that where improper service by mail was made within the allotted time period, “instead of moving for a dismissal, the proper procedure is for a defendant to move to quash service”
• holding that it is erroneous to drop a party and dismiss a case where the statute of limitations has run because it effectively adjudicates the complaint on the merits in contravention of Rule 1.070(j)
• holding that it is erroneous to drop a party and dismiss a case where the statute of limitations has run because it effectively adjudicates the complaint on the merits in contravention of Rule 1.070(j)
• holding trial court abused its discretion by dropping defendant as a party based on plaintiff's failure to timely serve defendant because statute of limitations had run
• reversing an order dropping a defendant as a party based on the failure of the plaintiff to timely serve the defendant because the statute of limitations had long expired
• \The purpose of Rule 1.070(j) is to prevent a plaintiff from filing a suit and then taking no action whatsoever to proceed on the claim.\

Source: CourtListener parenthetical corpus (CC0).