Case Caption: Beachside Associates, LLC, (Appellant/Plaintiff) v Yehuda Fishman, et al.,(Appellees/Defendants.)Case Number: S. Ct. Civ. No. 2009-0023Date: 07/30/2010Author: Hodge, Rhys S. Citation: Summary:

The Court holds that, because the issue of whether Federal Rule of Civil Procedure 4(m) requires the court to consider if a discretionary extension of time is appropriate despite the lack of good cause is an important issue of first impression that is separate from the merits of the underlying dispute, it possesses jurisdiction to resolve the issue pursuant to the collateral order doctrine. The Court further holds that while the Superior Court did not abuse its discretion in its good cause analysis, it did misapply FRCP 4(m) when it failed to determine whether the plaintiff was entitled to a discretionary extension of time for service of process notwithstanding the lack of good cause. Accordingly, the Court vacates the Superior Court's dismissal order and remands the matter to the Superior Court so that it may consider whether the statute of limitations and any other appropriate factors warrant the granting of a discretionary extension of time.

Attachment: Open Document or Opinion