Kleinschmidt v. United States Fidelity & Guaranty Insurance Co.
Docket: No. 91-1265
Court: District Court of Appeal of Florida; May 12, 1992; Florida; State Appellate Court
William E. Kleinschmidt appeals the dismissal of his complaint against United States Fidelity and Guaranty Insurance Co. for failure to serve the defendant within the timeframe specified by Florida Rule of Civil Procedure 1.070(j). The trial court determined, after hearing testimony, that Kleinschmidt's physical infirmities did not amount to a disability sufficient to justify a 22-month delay in service. The court referenced precedents, including A. W Electric of Miami, Inc. v. Abraira and Schlakman v. Helliwell, to support its decision. The appellate court found no grounds to overturn the trial court’s ruling on this or any other issues raised by the appellant, and thus affirmed the dismissal.