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RE Florida Law... If, in fact there was improper service,

Resolved Question:

RE Florida Law...

If, in fact there was improper service, and defendant asserts such in the response to the complaint, including evidence of denial of due process... can the Plaintiff simply "re-attempt" service in the midst of the current case? Or, does Florida law require a new filing and new service on a new case has to occur... ie a "start-over" ?

Thank you.
Submitted: 2 years ago.
Category: Business Law
Expert:  WiseOwl58 replied 2 years ago.
The court would.allow.the plaintiff to.attempt.service.again in circumstances such as this.
WiseOwl58, Attorney
Category: Business Law
Satisfied Customers: 2842
Experience: Experienced business lawyer.
WiseOwl58 and 10 other Business Law Specialists are ready to help you
Customer: replied 2 years ago.
Thank you! some questions...

1. Defendant and her husband co-own a homestead in Florida (where they reside), so can it then it be legally declared that that the address of the Defendant is discoverable in the Florida Public Record?


2. If I or anyone were to look-up the name of the Defendant in Florida county PROPERTY records, would I be able to find an address for the Defendant... due to the fact that the Defendant does own her own home in the Florida county?
Expert:  WiseOwl58 replied 2 years ago.
You are.absolutely correct. The answer to both of.your questions.is yes and yes.

Good luck.to.you.and thanks.
Customer: replied 2 years ago.
OK thank you. To follow up.... 1. Can Defendant issue Motion to Quash - MTQ Service as a response to the Summmons? i.e a limited response. 2. Can Defendant attach a sworn affidavit from mailbox store owner "in support of Defendants Answer and AFF ? 3. If hearing is set for MTQ and service is ruled invalid then does Plaintiff have legal right to serve defendant at that point i.e.there in the Courthouse ... or would the case have to be re-filed and sent out for service once new case is filed? 3). If service is allowed to be effected on Defendant at the MTQ hearing, then does Defendant again have 20 days in which to respond?

btw... Defendant currently has affidavit from store owner... the title at top of Affidiavit says it is Affidavit in Support of Defendant's Answer and Affirmative Defenses. -- If Defendant is going to move for Motion to Quash is that Affidavit "title" a problem in attaching the Affidavit to a Motion to Quash Service? Or is the Affidavit testimony acceptable regardless of the title at the top?
Expert:  WiseOwl58 replied 2 years ago.
Would you mind closing out the first question you asked and I answered, then we can move on to any additional questions you have as a second question and answer session? Thanks.
Expert:  WiseOwl58 replied 2 years ago.
Please review the answer I sent you and rate it 3, 4 or 5, so that we can close out the question and I can get credit for the answer to you.

Let me know if anything else comes up. It has been a pleasure working with you.

All the best,

WiseOwl58
Customer: replied 2 years ago.
Trying to rate... system is not letting me do so! t
Expert:  WiseOwl58 replied 2 years ago.
Please try again. Should work now.
WiseOwl58, Attorney
Category: Business Law
Satisfied Customers: 2842
Experience: Experienced business lawyer.
WiseOwl58 and 10 other Business Law Specialists are ready to help you
Customer: replied 2 years ago.
Florida Rules question....

In Answering compliant with Answ. and Aff. Def... as a final Aff Def. can Defendant insert plead the following:



If allowed by this Court, Defendant reserves the right to plead other affirmative defenses that may become available at a later time.


Expert:  WiseOwl58 replied 2 years ago.
Dear RC:

Please review the answer that I have given you and rate it a 3, 4 or 5 so that we can close out this question and I can get credit for the answer I have given you.

It has been a pleasure working with you. Please feel free to call on me again and let me know if anything else comes up.

Thanks, and all the best to you.

WiseOwl58
Expert:  WiseOwl58 replied 2 years ago.
Dear RC:

Please review the answer that I have given you and rate it a 3, 4 or 5 so that we can close out this question and I can get credit for the answer I have given you.

It has been a pleasure working with you. Please feel free to call on me again and let me know if anything else comes up.

Thanks, and all the best to you.

WiseOwl58

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