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Filing # 103561202 E-Filed 02/19/2020 02:13:18 PM
IN THE CIRCUIT COURT OF THE 19™ JUDICIAL CIRCUIT IN AND FOR
ST. LUCIE COUNTY, FLORIDA
RODERICK DAWSON CASE NO: 2019-CA-001704
Plaintiff,
vs.
BERTHA ANN WILLIAMS, HW ROAD
CONSTRUCTION LLC, a Florida Limited
Liability Company and CLARENCE RAY
EDWARDS
Defendants.
PLAINTIFF’S MOTION TO EXTEND TIME TO FILE
AFFIDAVIT OF COMPLIANCE WITH §48.161, FLORIDA STATUTES
(Method of substituted service on nonresident or person concealing whereabouts)
Plaintiff, RODERICK DAWSON, through undersigned counsel hereby files this Motion
for an enlargement of time for Motion to Extend Time to File Affidavit of Compliance with
§48.161, Florida Statutes and as grounds therefore states as follows:
1. At all times material hereto, it is alleged that Defendants, BERTHA ANN WILLIAMS
and CLARENCE RAY EDWARDS have become non-residents of the State of Florida or are
concealing their whereabouts.
2. Also at all times material, the Plaintiff, RODERICK DAWSON has been following the
statutory prescriptions or requirements of §48.161, Florida Statutes to properly obtain or perfect
substitute service on these Defendants.
3. On January 24, 2020, undersigned attorney wrote to the Secretary of State to meet the
first of three requirements of §48.161, Florida Statutes. Namely, the undersigned mailed the
Alias Summons and copy of Amended Complaint along with the statutory fee to the state, as
prescribed by law.4. On February 6, 2020, the Secretary of State wrote to the undersigned attorney
acknowledging a copy of the process and the initial pleading was accepted for this defendant,
and was filed with their office on January 30, 2020. A copy of the acceptance letter is attached
and marked as (Composite exhibit “A”).
5. On February 19, 2020 the undersigned attorney mailed the Notice of Service of Process
upon Defendants, BERTHA ANN WILLIAMS and CLARENCE RAY EDWARDS via certified
mail return receipt to the last known address for each defendant providing notice of service of
process as also prescribed by §48.161, Florida Statutes. A copy of the notices (without
enclosures) is attached and marked as Composite exhibit “B”.
6. At all times material, §48.161, Florida Statutes prescribes:
§48.161 - Method of substituted service on nonresident.--
(1) When authorized by law, substituted service of process on a nonresident or a
person who conceals his or her whereabouts by serving a public officer
designated by law shall be made by leaving a copy of the process with a fee of
$8.75 with the public officer or in his or her office or by mailing the copies by
certified mail to the public officer with the fee. The service is sufficient service
on a defendant who has appointed a public officer as his or her agent for the
service of process. Notice of service and a copy of the process shall be sent
forthwith by registered or certified mail by the plaintiff or his or her attorney to
the defendant, and the defendant's return receipt and the affidavit of the
Plaintiff or his or her attorney of compliance shall be filed on or before the
return day of the process or within such time as the court allows, or the notice
and copy shall be served on the defendant, if found within the state, by an officer
authorized to serve legal process, or if found without the state, by a sheriff or a
deputy sheriff of any county of this state or any duly constituted public officer
qualified to serve like process in the state or jurisdiction where the defendant is
found. The officer's return showing service shall be filed on or before the return
day of the process or within such time as the court allows. The fee paid by the
plaintiff to the public officer shall be taxed as cost if he or she prevails in the
action. The public officer shall keep a record of all process served on him or her
showing the day and hour of service. (Emphasis added).
7. Given the above statute, there is a time problem with the procedure of filing the
affidavit prescribed by the statute for the following reasons:
2(1)
(2)
G)
@)
6)
The affidavit (attaching the Defendant’s return receipt) must be filed
within 20 days after acceptance of service by the Secretary of State;
The Secretary of State:
a. Accepted service on January 30, 2020
b. Issued the acknowledgment letter on February 6, 2020;
On February 19, 2020, the undersigned received the above letter of
acknowledgment;
On February 19, 2020, the undersigned mailed the required Notice of
Service of Process to the Defendants to their last known addresses; and,
It is doubtful that the U.S. Post Office can serve the Defendants and return
the receipts of service within such time to allow the undersigned attorney
to file his Affidavit of Compliance, requiring the return receipt(s) be
attached.
8. Plaintiff respectfully requests this court allow an additional 45 days for the Plaintiff to
receive the return receipt(s) from the U.S. Post Office and therefore allowing the Plaintiff to file
his Affidavit of Compliance with proper attachments as allowed and permitted by law.
9. At all times material, this motion has been filed with good faith and is not filed to
unreasonably delay any matters within this action.WHEREFORE, Plaintiff, RODERICK DAWSON files this Motion to Extend Time to
File his Affidavit of Compliance with §48.161, Florida Statutes.
DATED this 19" day of February 2020.
KIBBEY | WAGNER
416 Camden Avenue
Stuart, FL 34994
Phone: (772) 286-0023
Facsimile: (772) 872-5185
SERVICE DESIGNATIONS:
Primary: jwagner@kibbeylaw.com
Secondary: diana@kibbeylaw.com
debra@kibbeylaw.com
By A/ Jordan R. Wagner
JORDAN R. WAGNER, Esq.
Florida Bar No.: 14852FLORIDA DEPARTMENT OF STATE RECEIVED
Division of Corporations
FEB 19 7020
February 6, 2020
JORDAN R. WAGNER,ESQ
416 CAMDEN AVENUE
STUART, FL 34994
Pursuant to Chapter 48.161, 48.171, 48.181, 48.081 or 48.19 Florida Statutes, a
copy of the process and initial pleading, case number 2019-CA-001704, was
accepted for BERTHA ANN WILLIAMS, and was filed on January 30, 2020, at
04:00 PM.
Plaintiff(s)
RODERICK DAWSON,
-vs-
Defendant(s)
CLARENCE RAY EDWARDS,et al.,
THE SECRETARY OF STATE DOES NOT FORWARD DOCUMENTATION TO
THE DEFENDANT.
All inquiries on behalf of the defendant should be made to the attorneys
involved.Janessia S Wright
Processor of Service
DIVISION OF CORPORATIONS
Letter No. 420A00002766
COMPOSITE "A"
Division of Corporations - P.O, BOX 6327 -Tallahassee, Florida 32314FLORIDA DEPARTMENT OF STATE RECEIVED
Division of Corporations
FEB 19 2020
February 6, 2020
JORDAN R. WAGNER,ESQ
416 CAMDEN AVENUE
STUART, FL 34994
Pursuant to Chapter 48.161, 48.171, 48.181, 48.081 or 48.19 Florida Statutes, a
copy of the process and initial pleading, case number 2019-CA-001704, was
accepted for CLARENCE RAY EDWARDS, and was filed on January 30, 2020,
at 04:00 PM.
Plaintiff(s)
RODERICK DAWSON,
-vs-
Defendant(s)
HW ROAD CONSTRUCTION LLC,et al.,
THE SECRETARY OF STATE DOES NOT FORWARD DOCUMENTATION TO
THE DEFENDANT.
All inquiries’ on behalf of the defendant should be made to the attorneys
involved.Janessia S Wright
Processor of Service
DIVISION OF CORPORATIONS
Letter No. 620A00002766
Division of Corporations - P.O. BOX 6327 -Tallahassee, Florida 32314Filing # 103556988 E-Filed 02/19/2020 01:40:03 PM
IN THE CIRCUIT COURT OF THE 19™ JUDICIAL CIRCUIT IN AND FOR
ST. LUCIE COUNTY, FLORIDA
RODERICK DAWSON CASE NO: 2019-CA-001704
vs.
Plaintiff,
BERTHA ANN WILLIAMS, HW ROAD
CONSTRUCTION LLC, a Florida Limited
Liability Company and CLARENCE RAY
EDWARDS
Defendants.
PLAINTIFF'S NOTICE OF SERVICE OF PROCESS
TO: Bertha Ann Williams
2205 Winding Creek Lane
Fort Pierce, FL 34981
CMRR7017-2680-0000-8335-9487
YOU ARE NOTIFIED that the Plaintiff, RODERICK DAWSON, has instituted an action
for damages against you in the Circuit Court for St. Lucie County, Florida, and service of
process is being obtained on you, as a resident of this State operating a motor vehicle or having it
operated or permitting a motor vehicle owned, leased, or controlled by you to be operated in
Florida, who becomes a nonresident or who conceals his whereabouts under §48.171, Florida
Statutes, by serving the Secretary of State of Florida pursuant to §48.161 Florida Statutes and by
sending you a copy of the amended complaint, certified mail, return receipt requested with a
copy of the acceptance of service by the Secretary of State on January 30, 2020. You have
twenty days from the date when the Secretary of State accepted service within which to file your
written defenses, if any, with the Clerk of the Court and to serve a copy on the undersigned.
Failure to do so may result in a default against you.
COMPOSITE "B"DATED this 19" day of February 2020.
KIBBEY | WAGNER
416 Camden Avenue
Stuart, FL 34994
Phone: (772) 286-0023
Facsimile: (772) 872-5185
SERVICE DESIGNATIONS:
Primary: jwagner@kibbeylaw.com
Secondary: diana@kibbeylaw.com
debra@kibbeylaw.com
By A/ Jordan R. Wagner
JORDAN R. WAGNER, Esq.
Florida Bar No.: 14852Filing # 103556988 E-Filed 02/19/2020 01:40:03 PM
IN THE CIRCUIT COURT OF THE 19" JUDICIAL CIRCUIT IN AND FOR
ST. LUCIE COUNTY, FLORIDA
RODERICK DAWSON CASE NO: 2019-CA-001704
Plaintiff,
vs.
BERTHA ANN WILLIAMS, HW ROAD
CONSTRUCTION LLC, a Florida Limited
Liability Company and CLARENCE RAY
EDWARDS
Defendants,
PLAINTIFF'S NOTICE OF SERVICE OF PROCESS
TO: Clarence Ray Edwards
11615 Malverns Loop
Orlando, FL 32832
CMRR7017-2680-0000-8335-9463
Clarence Ray Edwards
4321 Kirby Loop Road
Fort Pierce, FL 34981
CMRR 7017-2680-0000-8335-9470
YOU ARE NOTIFIED that the Plaintiff, RODERICK DAWSON, has instituted an action
for damages against you in the Circuit Court for St. Lucie County, Florida, and service of
process is being obtained on you, as a resident of this State operating a motor vehicle or having it
operated or permitting a motor vehicle owned, leased, or controlled by you to be operated in
Florida, who becomes a nonresident or who conceals his whereabouts under §48.171, Florida
Statutes, by serving the Secretary of State of Florida pursuant to §48.161 Florida Statutes and by
sending you a copy of the amended complaint, certified mail, return receipt requested with a
copy of the acceptance of service by the Secretary of State on February 6, 2020. You have
twenty days from the date when the Secretary of State accepted service within which to file your
written defenses, if any, with the Clerk of the Court and to serve a copy on the undersigned.
4Failure to do so may result in a default against you.
DATED this 19" day of February 2020.
KIBBEY | WAGNER
416 Camden Avenue
Stuart, FL 34994
Phone: (772) 286-0023
Facsimile: (772) 872-5185
SERVICE DESIGNATIONS:
Primary: jwagner@kibbeylaw.com
Secondary: diana@kibbeylaw.com
debra@kibbeylaw.com
By 4/ Jordan R. Wagner
JORDAN R. WAGNER, Esq.
Florida Bar No.: 14852
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Filing # 103561202 E-Filed 02/19/2020 02:13:18 PM IN THE CIRCUIT COURT OF THE 19™ JUDICIAL CIRCUIT IN AND FOR ST. LUCIE COUNTY, FLORIDA RODERICK DAWSON CASE NO: 2019-CA-001704 Plaintiff, vs. BERTHA ANN WILLIAMS, HW ROAD CONSTRUCTION LLC, a Florida Limited Liability Company and CLARENCE RAY EDWARDS Defendants. PLAINTIFF’S MOTION TO EXTEND TIME TO FILE AFFIDAVIT OF COMPLIANCE WITH §48.161, FLORIDA STATUTES (Method of substituted service on nonresident or person concealing whereabouts) Plaintiff, RODERICK DAWSON, through undersigned counsel hereby files this Motion for an enlargement of time for Motion to Extend Time to File Affidavit of Compliance with §48.161, Florida Statutes and as grounds therefore states as follows: 1. At all times material hereto, it is alleged that Defendants, BERTHA ANN WILLIAMS and CLARENCE RAY EDWARDS have become non-residents of the State of Florida or are concealing their whereabouts. 2. Also at all times material, the Plaintiff, RODERICK DAWSON has been following the statutory prescriptions or requirements of §48.161, Florida Statutes to properly obtain or perfect substitute service on these Defendants. 3. On January 24, 2020, undersigned attorney wrote to the Secretary of State to meet the first of three requirements of §48.161, Florida Statutes. Namely, the undersigned mailed the Alias Summons and copy of Amended Complaint along with the statutory fee to the state, as prescribed by law.4. On February 6, 2020, the Secretary of State wrote to the undersigned attorney acknowledging a copy of the process and the initial pleading was accepted for this defendant, and was filed with their office on January 30, 2020. A copy of the acceptance letter is attached and marked as (Composite exhibit “A”). 5. On February 19, 2020 the undersigned attorney mailed the Notice of Service of Process upon Defendants, BERTHA ANN WILLIAMS and CLARENCE RAY EDWARDS via certified mail return receipt to the last known address for each defendant providing notice of service of process as also prescribed by §48.161, Florida Statutes. A copy of the notices (without enclosures) is attached and marked as Composite exhibit “B”. 6. At all times material, §48.161, Florida Statutes prescribes: §48.161 - Method of substituted service on nonresident.-- (1) When authorized by law, substituted service of process on a nonresident or a person who conceals his or her whereabouts by serving a public officer designated by law shall be made by leaving a copy of the process with a fee of $8.75 with the public officer or in his or her office or by mailing the copies by certified mail to the public officer with the fee. The service is sufficient service on a defendant who has appointed a public officer as his or her agent for the service of process. Notice of service and a copy of the process shall be sent forthwith by registered or certified mail by the plaintiff or his or her attorney to the defendant, and the defendant's return receipt and the affidavit of the Plaintiff or his or her attorney of compliance shall be filed on or before the return day of the process or within such time as the court allows, or the notice and copy shall be served on the defendant, if found within the state, by an officer authorized to serve legal process, or if found without the state, by a sheriff or a deputy sheriff of any county of this state or any duly constituted public officer qualified to serve like process in the state or jurisdiction where the defendant is found. The officer's return showing service shall be filed on or before the return day of the process or within such time as the court allows. The fee paid by the plaintiff to the public officer shall be taxed as cost if he or she prevails in the action. The public officer shall keep a record of all process served on him or her showing the day and hour of service. (Emphasis added). 7. Given the above statute, there is a time problem with the procedure of filing the affidavit prescribed by the statute for the following reasons: 2(1) (2) G) @) 6) The affidavit (attaching the Defendant’s return receipt) must be filed within 20 days after acceptance of service by the Secretary of State; The Secretary of State: a. Accepted service on January 30, 2020 b. Issued the acknowledgment letter on February 6, 2020; On February 19, 2020, the undersigned received the above letter of acknowledgment; On February 19, 2020, the undersigned mailed the required Notice of Service of Process to the Defendants to their last known addresses; and, It is doubtful that the U.S. Post Office can serve the Defendants and return the receipts of service within such time to allow the undersigned attorney to file his Affidavit of Compliance, requiring the return receipt(s) be attached. 8. Plaintiff respectfully requests this court allow an additional 45 days for the Plaintiff to receive the return receipt(s) from the U.S. Post Office and therefore allowing the Plaintiff to file his Affidavit of Compliance with proper attachments as allowed and permitted by law. 9. At all times material, this motion has been filed with good faith and is not filed to unreasonably delay any matters within this action.WHEREFORE, Plaintiff, RODERICK DAWSON files this Motion to Extend Time to File his Affidavit of Compliance with §48.161, Florida Statutes. DATED this 19" day of February 2020. KIBBEY | WAGNER 416 Camden Avenue Stuart, FL 34994 Phone: (772) 286-0023 Facsimile: (772) 872-5185 SERVICE DESIGNATIONS: Primary: jwagner@kibbeylaw.com Secondary: diana@kibbeylaw.com debra@kibbeylaw.com By A/ Jordan R. Wagner JORDAN R. WAGNER, Esq. Florida Bar No.: 14852FLORIDA DEPARTMENT OF STATE RECEIVED Division of Corporations FEB 19 7020 February 6, 2020 JORDAN R. WAGNER,ESQ 416 CAMDEN AVENUE STUART, FL 34994 Pursuant to Chapter 48.161, 48.171, 48.181, 48.081 or 48.19 Florida Statutes, a copy of the process and initial pleading, case number 2019-CA-001704, was accepted for BERTHA ANN WILLIAMS, and was filed on January 30, 2020, at 04:00 PM. Plaintiff(s) RODERICK DAWSON, -vs- Defendant(s) CLARENCE RAY EDWARDS,et al., THE SECRETARY OF STATE DOES NOT FORWARD DOCUMENTATION TO THE DEFENDANT. All inquiries on behalf of the defendant should be made to the attorneys involved.Janessia S Wright Processor of Service DIVISION OF CORPORATIONS Letter No. 420A00002766 COMPOSITE "A" Division of Corporations - P.O, BOX 6327 -Tallahassee, Florida 32314FLORIDA DEPARTMENT OF STATE RECEIVED Division of Corporations FEB 19 2020 February 6, 2020 JORDAN R. WAGNER,ESQ 416 CAMDEN AVENUE STUART, FL 34994 Pursuant to Chapter 48.161, 48.171, 48.181, 48.081 or 48.19 Florida Statutes, a copy of the process and initial pleading, case number 2019-CA-001704, was accepted for CLARENCE RAY EDWARDS, and was filed on January 30, 2020, at 04:00 PM. Plaintiff(s) RODERICK DAWSON, -vs- Defendant(s) HW ROAD CONSTRUCTION LLC,et al., THE SECRETARY OF STATE DOES NOT FORWARD DOCUMENTATION TO THE DEFENDANT. All inquiries’ on behalf of the defendant should be made to the attorneys involved.Janessia S Wright Processor of Service DIVISION OF CORPORATIONS Letter No. 620A00002766 Division of Corporations - P.O. BOX 6327 -Tallahassee, Florida 32314Filing # 103556988 E-Filed 02/19/2020 01:40:03 PM IN THE CIRCUIT COURT OF THE 19™ JUDICIAL CIRCUIT IN AND FOR ST. LUCIE COUNTY, FLORIDA RODERICK DAWSON CASE NO: 2019-CA-001704 vs. Plaintiff, BERTHA ANN WILLIAMS, HW ROAD CONSTRUCTION LLC, a Florida Limited Liability Company and CLARENCE RAY EDWARDS Defendants. PLAINTIFF'S NOTICE OF SERVICE OF PROCESS TO: Bertha Ann Williams 2205 Winding Creek Lane Fort Pierce, FL 34981 CMRR7017-2680-0000-8335-9487 YOU ARE NOTIFIED that the Plaintiff, RODERICK DAWSON, has instituted an action for damages against you in the Circuit Court for St. Lucie County, Florida, and service of process is being obtained on you, as a resident of this State operating a motor vehicle or having it operated or permitting a motor vehicle owned, leased, or controlled by you to be operated in Florida, who becomes a nonresident or who conceals his whereabouts under §48.171, Florida Statutes, by serving the Secretary of State of Florida pursuant to §48.161 Florida Statutes and by sending you a copy of the amended complaint, certified mail, return receipt requested with a copy of the acceptance of service by the Secretary of State on January 30, 2020. You have twenty days from the date when the Secretary of State accepted service within which to file your written defenses, if any, with the Clerk of the Court and to serve a copy on the undersigned. Failure to do so may result in a default against you. COMPOSITE "B"DATED this 19" day of February 2020. KIBBEY | WAGNER 416 Camden Avenue Stuart, FL 34994 Phone: (772) 286-0023 Facsimile: (772) 872-5185 SERVICE DESIGNATIONS: Primary: jwagner@kibbeylaw.com Secondary: diana@kibbeylaw.com debra@kibbeylaw.com By A/ Jordan R. Wagner JORDAN R. WAGNER, Esq. Florida Bar No.: 14852Filing # 103556988 E-Filed 02/19/2020 01:40:03 PM IN THE CIRCUIT COURT OF THE 19" JUDICIAL CIRCUIT IN AND FOR ST. LUCIE COUNTY, FLORIDA RODERICK DAWSON CASE NO: 2019-CA-001704 Plaintiff, vs. BERTHA ANN WILLIAMS, HW ROAD CONSTRUCTION LLC, a Florida Limited Liability Company and CLARENCE RAY EDWARDS Defendants, PLAINTIFF'S NOTICE OF SERVICE OF PROCESS TO: Clarence Ray Edwards 11615 Malverns Loop Orlando, FL 32832 CMRR7017-2680-0000-8335-9463 Clarence Ray Edwards 4321 Kirby Loop Road Fort Pierce, FL 34981 CMRR 7017-2680-0000-8335-9470 YOU ARE NOTIFIED that the Plaintiff, RODERICK DAWSON, has instituted an action for damages against you in the Circuit Court for St. Lucie County, Florida, and service of process is being obtained on you, as a resident of this State operating a motor vehicle or having it operated or permitting a motor vehicle owned, leased, or controlled by you to be operated in Florida, who becomes a nonresident or who conceals his whereabouts under §48.171, Florida Statutes, by serving the Secretary of State of Florida pursuant to §48.161 Florida Statutes and by sending you a copy of the amended complaint, certified mail, return receipt requested with a copy of the acceptance of service by the Secretary of State on February 6, 2020. You have twenty days from the date when the Secretary of State accepted service within which to file your written defenses, if any, with the Clerk of the Court and to serve a copy on the undersigned. 4Failure to do so may result in a default against you. DATED this 19" day of February 2020. KIBBEY | WAGNER 416 Camden Avenue Stuart, FL 34994 Phone: (772) 286-0023 Facsimile: (772) 872-5185 SERVICE DESIGNATIONS: Primary: jwagner@kibbeylaw.com Secondary: diana@kibbeylaw.com debra@kibbeylaw.com By 4/ Jordan R. Wagner JORDAN R. WAGNER, Esq. Florida Bar No.: 14852