terry's takes
Filtered by category: service of processApril 9, 2024
3rd dca, service of processNavarro v. Borges
A contractor that controls and supervises a job site has the duty to provide a safe work site. A contractor can be held liable for a dangerous condition it negligently created or approved. Individual officers and agents of a contractor can be personally sued even for acts taken in the course of employment if they were personally “actively negligent.” There was evidence that the president of the contractor personally sent his employee to adjust a roof tarp without adequate safety equipment, so summary judgment in the president’s favor was reversed, and the case will be sent back down for trial.
read moreMarch 14, 2024
3rd dca, service of processGonzalez v. City of Coral Gables
A recent decision by the District Court of Appeal reversed the dismissal of a plaintiff’s claim against the City of Coral Gables due to late service. Although the plaintiff served the complaint more than a year after filing, exceeding the 120-day limit under Florida Rule of Civil Procedure 1.070(j), he submitted an affidavit detailing 'good cause' for the delay. The trial court initially dismissed the case, but on appeal, the DCA found that the affidavit provided sufficient justification, and thus the rule did not mandate dismissal under these circumstances. The case was reversed and remanded for further proceedings.
read moreMarch 13, 2024
3rd dca, service of processOrnella Pianezza v. MIA Collection Servs.
Foreign employees of foreign company could be haled into Florida court and court could exercise personal jurisdiction over such defendants where they were alleged to have personally committed torts in Florida. They were not saved by the corporate shield doctrine because of the allegations that they personally committed the tort. The complaint alleged that the two corporate employees knowingly directed fraudulent emails and phone calls into Florida, sought business in Florida, and shipped the counterfeit bags to Florida. A cause of action arising from telephonic, electronic, or written communications into Florida satisfies long-arm statute.
read moreMarch 4, 2024
general, default judgment, rule 1 540 motion, service of processWu v. Alem
In a recent case, the Third DCA ruled in favor of plaintiff Timothy Wu, reversing the trial court’s decision to vacate a default judgment against Matias Alem and his company, Right Move Real Estate. Alem challenged the service of process, claiming he was not personally served, but the court upheld the service’s validity since the return of service met statutory requirements, and Alem provided no corroborating evidence to refute it. The DCA found no excusable neglect or meritorious defense on Alem’s part, leading to a reinstatement of the default judgment for Wu.
read moreJune 14, 2023
1st dca, motion to quash service, personal jurisdiction, service of processRetherford v. Kirkland
after the personal and business relationship of two individuals soured, ms. retherford sued mr. kirkland to attempt to walk away with their shared business. mr. kirkland was sued in bay county, florida, and service of process was given to his adult daug...
read moreMarch 25, 2023
4th dca, service of processDianardo v. Community Loan Servicing
In Dianardo v. Community Loan Servicing, the Fourth District Court of Appeal upheld a trial court’s finding of personal jurisdiction where the appellants’ attorney agreed to accept service by mail. The DCA clarified that Florida Rule of Civil Procedure 1.070(i), which governs service by mail, does not apply in cases where an attorney consents to accept service. The rule only applies when a defendant is served directly by mail without attorney involvement. This case reinforces the validity of attorney-accepted service in establishing jurisdiction.
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