Docsity
Docsity

Prepare for your exams
Prepare for your exams

Study with the several resources on Docsity


Earn points to download
Earn points to download

Earn points by helping other students or get them with a premium plan


Guidelines and tips
Guidelines and tips

contract litigation motion, Summaries of Contract Law

Motion to accept amended return of service

Typology: Summaries

2017/2018

Uploaded on 04/15/2018

jilljill11
jilljill11 🇺🇸

1 document

1 / 4

Toggle sidebar

This page cannot be seen from the preview

Don't miss anything!

bg1
IN THE CURCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT IN
AND FOR PINELLAS COUNTY, STATOF FLORIDA
Case No. 17-007549-CI
TOBIAS BACANER,
Plaintiff, Pro Se,
vs.
DYNAMIC HEALTH CARE DIVISION: CIVIL
SERVICES, LLC
MOTION TO ACCEPT AMMENDED RETURN OF SERVICE and
ACCEPT SERVICE OF PROCESS and MOTION TO DENY AWARD
OF ATTORNEY FEES ASSOCIATED WITH DEFENDANT’S
MOTION DATED January 24, 2018
NOW COMES the Plaintiff, Tobias J. Bacaner, who moves that this Court accept the
amended return of service of process in the above captioned case. The evidentiary basis
for accepting the motion is the amended Return of Service of Process, hereto attached,
which provides in personum jurisdiction of the Court.
THE AMENDED RETURN OF SERVICE IS LEGALY SUFFICIENT TO
PROVIDE IN PERSONAM JUSDICTION OF THIS COURT.
1. Chapter 48, Section 48.021) Florida Statutes Process, by whom served
(2)(a) “The sheri of each county may, in his or her discretion, establish an
approved list of natural persons designated as special process servers.
The sheri shall add to such list the names of those natural persons who
have met the requirements provided for in this section. Each natural
person whose name has been added to the approved list is subject to
annual recertication and reappointment by the sheri. The sheri shall
prescribe an appropriate form for application for appointment. A
reasonable fee for the processing of the application shall be charged.”
(bold emphasis supplied)
pf3
pf4

Partial preview of the text

Download contract litigation motion and more Summaries Contract Law in PDF only on Docsity!

IN THE CURCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT IN

AND FOR PINELLAS COUNTY, STATOF FLORIDA

Case No. 17-007549-CI

TOBIAS BACANER,

Plaintiff, Pro Se,

vs.

DYNAMIC HEALTH CARE DIVISION: CIVIL

SERVICES, LLC

MOTION TO ACCEPT AMMENDED RETURN OF SERVICE and

ACCEPT SERVICE OF PROCESS and MOTION TO DENY AWARD

OF ATTORNEY FEES ASSOCIATED WITH DEFENDANT’S

MOTION DATED January 24, 2018

NOW COMES the Plaintiff, Tobias J. Bacaner, who moves that this Court accept the

amended return of service of process in the above captioned case. The evidentiary basis

for accepting the motion is the amended Return of Service of Process, hereto attached,

which provides in personum jurisdiction of the Court.

THE AMENDED RETURN OF SERVICE IS LEGALY SUFFICIENT TO

PROVIDE IN PERSONAM JUSDICTION OF THIS COURT.

  1. Chapter 48, Section 48.021) Florida Statutes Process, by whom served

(2)(a) “The sheriff of each county may, in his or her discretion, establish an approved list of natural persons designated as special process servers. The sheriff shall add to such list the names of those natural persons who have met the requirements provided for in this section. Each natural person whose name has been added to the approved list is subject to annual recertification and reappointment by the sheriff. The sheriff shall prescribe an appropriate form for application for appointment. A reasonable fee for the processing of the application shall be charged.”

(bold emphasis supplied)

b.John Zurenda is a currently appointed process server in the Sixth Judicial

Circuit in and for Pinellas County FL (APS #26421) and is on the current

approved list of natural persons designated as special process servers,

attached hereto, in accordance with Section 48.021(2)(a) cited above.

2.Chapter 48, Section 48.21 Florida Section Return of execution of process.—

(1) Each person who effects service of process shall note on a return-of-service form attached thereto, the date and time when it comes to hand, the date and time when it is served, the manner of service, the name of the person on whom it was served and, if the person is served in a representative capacity, the position occupied by the person. The return-of-service form must be signed by the person who effects the service of process. However, a person employed by a sheriff who effects the service of process may sign the return-of-service form using an electronic signature certified by the sheriff.

a. The amended Return of Service of Process indicates that the complaint and

summons was received by the process server, on January 3, 2018 at 12:32 PM. This

meets the requirement of stating the date and time that the Complaint and Summons

comes to hand of the process server in accordance with Section 48.21(1) cited above.

  1. (^) The amended Return of Service of Process indicates that Service of Process was served personally by John Zurenda at 703 Virginia Street, Dunedin, FL, 34698, the address of the DYNAMIC HEALTH CARE SERVICES, LLC. 703 Virginia Street, Dunedin, FL, 34698 is the address of the Registered Agent of DYNAMIC HEALTH CARE SERVICES, LLC, Defendant in the above captioned case. Fla. Stat.§ 48.062; Fla. § 48.21).

1..a

  1. The Amended Return of Service of Process identifies the Plaintiff as DYNAMIC HEALTH CARE SERVICES, LLC , Defendant in the above captioned case (Fla. Stat. § 48.21).