Preview
Filing #177867132 E-Filed 07/20/2023 01:21:47 PM
IN THE CIRCUIT COURT FOR THE
NINTH JUDICIAL CIRCUIT IN AND
FOR ORANGE COUNTY, FLORIDA
DANIEL J. GONZALEZ VIELMA, CASE NO: 2023-CA-002457-O
Plaintiff,
vs.
MARTA M. BENITEZ, and
JOSE DIAZ,
Defendants.
PLAINTIFF’S FIRST AMENDED COMPLAINT
COMES NOW the Plaintiff, DANIEL J. GONZALEZ VIELMA, by and through his
undersigned counsel, and hereby sues the Defendants, MARTA M. BENITEZ and JOSE DIAZ as
follows:
JURISDICTIONAL REQUIREMENTS
1 This is an action for damages which exceed the jurisdictional requirements of this
Court.
2 At all times material to this action, Defendants MARTA M. BENITEZ and JOSE
DIAZ were either (1) non-residents; (2) natural residents of Florida who have become non-
residents; or (3) residents of Florida concealing their whereabouts.
3 Florida Statute § 48.171 provides that a motor vehicle operator and/or owner
who is a nonresident, becomes a nonresident, or conceals their whereabouts, designates the
Secretary of State as their agent to accept Service of Process on their behalf.
4 At all times material to this action, Plaintiff DANIEL J. GONZALEZ VIELMA.
performed a diligent search to locate the Defendants, MARTA M. BENITEZ and JOSE DIAZ,
and Plaintiff performed an honest and thorough search to locate the Defendants’ whereabouts.
However, the Defendants’ locations are still unknown to the Plaintiff. Therefore, substituted
Service of Process is proper on the Secretary of State pursuant to Florida Statute §48.171.
(Affidavits of Non-Service attached hereto as Composite Exhibit “A”.)
5 Venue is proper in Orange County, Florida, as the instant action occurred in
Orange County, Florida.
6. All other conditions precedent to the bringing of this action have been
performed, have occurred, or have been waived.
FACTS COMMON TO ALL COUNTS
7
Upon information and belief, Defendant MARTA M. BENITEZ was the operator of
a motor vehicle on September 5, 2022, specifically a 2014 Ford Escape, bearing VIN No.
1FMCUOGX3EUC48551, which she was operating at or near the intersection of Boggy Creek
Road and SR 417 in Orlando, Orange County, Florida.
8 Defendant JOSE DIAZ was the owner of said motor vehicle, more specifically the
2014 Ford Escape, bearing VIN No. [FMCUOGX3EUC48551.
9 At that same time and place, Plaintiff DANIEL J. GONZALEZ VIELMA was in a
motor vehicle at that same location in Orlando, Orange County, Florida.
COUNT I- NEGLIGENCE CLAIM AGAINST MARTA M. BENITEZ
10. Duty. On or about September 5, 2022, Defendant MARTA M. BENITEZ had a
duty to other drivers, including Plaintiff DANIEL J. GONZALEZ VIELMA, to obey traffic control
devices; maintain a safe and controllable operating speed for her vehicle and the roadway while
driving on public roadways; maintain a proper lookout; operate her vehicle in a reasonably safe
and non-negligent manner; and obey all applicable Laws and Statutes.
11. Breach. At that time and place, Defendant MARTA M. BENITEZ breached her
duty to Plaintiff DANIEL J. GONZALEZ VIELMA by negligently operating and/or maintaining
her motor vehicle, failing to maintain a proper lookout, failing to obey traffic control devices, and
failing to operate her vehicle in a reasonably safe and non-negligent manner, thereby causing a
collision between her vehicle and the motor vehicle driven by Plaintiff DANIEL J. GONZALEZ
VIELMA.
9. Legal Causation. The negligent actions described above by Defendant MARTA M.
BENITEZ, directly and proximately caused the incident and injuries sustained by Plaintiff
DANIEL J. GONZALEZ VIELMA, in that those actions directly, and in natural and continuous
sequence, produced or contributed substantially to his injuries.
10. Damages. As a direct and proximate result of the negligence of Defendant
MARTA M. BENITEZ, Plaintiff DANIEL J. GONZALEZ VIELMA suffered significant bodily
injury and resulting pain and suffering, impairment, disability, aggravation of a pre-existing
condition, disfigurement, loss of capacity for the enjoyment of life, expenses of hospitalization,
medical and nursing care and treatment, loss of earnings, and loss of ability to earn money. The
injuries to the Plaintiff are permanent and he will continue to suffer the losses in the future.
WHEREFORE, Plaintiff DANIEL J. GONZALEZ VIELMA demands judgment for
damages against Defendant MARTA M. BENITEZ, including costs of this action, and further
demands a trial by jury on all issues so triable, and for such other relief as this Court deems just
and proper.
COUNT II-VICARIOUS NEGLIGENCE CLAIM AGAINST
DEFENDANT JOSE DIAZ
Plaintiff re-alleges and incorporates herein by reference each and every factual allegation
as contained in Paragraphs one (1) through ten (10) as if fully set forth herein and would further
allege:
11. That by virtue of being the owner of the subject vehicle, the 2014 Ford Escape
bearing VIN No. IFMCUOGX3EUC48551, Defendant JOSE DIAZ is vicariously negligent to the
same degree as Defendant MARTA M. BENITEZ based on Florida’s Dangerous Instrumentality
Doctrine.
12. As a direct and proximate result of the vicarious negligence of the Defendant,
Plaintiff DANIEL J. GONZALEZ VIELMA suffered significant bodily injury and resulting pain
and suffering, impairment, disability, disfigurement, loss of capacity for the enjoyment of life,
expenses of hospitalization, medical and nursing care and treatment, and loss of income and loss
of earnings capacity. The injuries to the Plaintiff are permanent and he will continue to suffer the
losses in the future.
WHEREFORE, Plaintiff DANIEL J. GONZALEZ VIELMA demands judgment for
damages against Defendant JOSE DIAZ, including costs of this action, and further demands a trial
by jury on all issues so triable, and for such other relief as this Court deems just and proper.
DEMAND FOR JURY TRIAL
Plaintiff DANIEL J. GONZALEZ VIELMA requests a trial by jury on all issues triable as
of right by a jury.
RESPECTFULLY submitted this 30" day of June 2023.
RUBENSTEIN LAW, P.A.
Attorneys for
9130 S. Dadeland Blvd, PH
Miami, FL 33156
Tel: (305) 661-6000
Fax: (407) 987-6630
Email: klabertew@rubensteinlaw.com
Ibosch@rubensteinlaw.com
eservice@rubensteinlaw.com
By: _/s/ Karl W. Labertew
Karl W. Labertew, B.C.S.
Florida Bar No.: 0615234
Filing # 176523435 E-Filed 06/30/2023 11:11:38 AM
AFFIDAVIT OF NON-SERVICE
State of Florida County of Orange Circuit Court
Vn | ll l
Case Number: 2023-CA-002457-0
Plaintiff:
DANIEL J. GONZALEZ VIELMA 3
vs.
Defendant:
MARTA M. BENITEZ., et al.,
For.
KARL LABERTEW, ESQ
RUBENSTEIN LAW, P.A. (ORLANDO)
200 S. ORANGE AVENUE
SUITE # 2000
ORLANDO, FL 32801
Received by Daniel Lando! on the 27th day of April, 2023 at 12:49 pm to be served on JOSE DIAZ, 4023
HELYC CATE PLACE, KISSIMMEE, FL 34744.
|, Daniel Landal, being duly sworn, depose and say that on the 7th day of June, 2023 at 12:32 pm, |:
NON-SERVED - OTHER: unable to deliver the Summons, Complaint For Damages And Demand For
Jury Trial,Interrogatories, Request For Production AND Request For Admissions at 4023 HELYC
CATE PLACE, KISSIMMEE, FL 34744 for the reasons detailed in the comments below.
Additional Information pertaining to this Service:
4/14/2023 6:44 pm Attempted service at 4023 HELYC CATE PLACE, KISSIMMEE, FL 34744, no answer
no vehicles
4/18/2023 8:13 am Attempted service at 4023 HELYC CATE PLACE, KISSIMMEE, FL 34744, no answer
no movement
4/22/2023 9:35 am Attempted service at 4023 HELYC CATE PLACE, KISSIMMEE, FL 34744, no vehicles
no answer neighbors not available
4/27/2023 7:15 pm Attempted service at 4023 HELYC CATE PLACE, KISSIMMEE, FL 34744, no lights no
vehicles
5/6/2023 3:37 pm Attempted service at 4023 HELYC CATE PLACE, KISSIMMEE, FL 34744, no answer
no movement
5/10/2023 2:36 pm Attempted service at 4023 HELYC CATE PLACE, KISSIMMEE, FL 34744, no answer
no movement, no vehicles
5/18/2023 8:31 am Attempted service at 4023 HELYC CATE PLACE, KISSIMMEE, FL 34744, no vehicles
no activity seen, left card
§/20/2023 6:20 pm Attempted service at 4023 HELYC CATE PLACE, KISSIMMEE, FL 34744, card was
gone,no vehicles, neighbors didn't answered door
5/24/2023 4:45 pm Attempted service at 4023 HELYC CATE PLACE, KISSIMMEE, FL 34744, no
movement no answer
5/27/2023 5:41 pm Attempted service at 4023 HELYC CATE PLACE, KISSIMMEE, FL 34744, no vehicles
no answer
6/3/2023 2:45 pm Attempted service at 4023 HELYC CATE PLACE, KISSIMMEE, FL 34744, no neighbors
available no answer
6/7/2023 12:32 pm Attempted service at 4023 HELYC CATE PLACE, KISSIMMEE, FL 34744, same
scenario with no movement no answer
Exhibit "A"
AFFIDAVIT OF NON-SERVICE For 2023-CA-002457-0
| do hereby certify that | have no interest in the above action, that | am over the age of eighteen, and that |
am a Certified Process Server in the circuit in which process was served/non-served.
Sworn to or affirmed and signed before me on be - pt _L
21st day of June, 2023 by means of physical Daniel Landol
presence, by the affiant who is personally known to LICENSE #0172
me
EXECUTIVE EXPRESS COURIER
4460 NW 73 AVE
NOTARY PUBLIC. MIAMI, FL 33166
(305) 371-0292
aR Ashley Taylor
Notary Public Our Job Serial Number: JRT-2023059713
=State of Floride Ref: 474793 VIELMA VS BENITEZ
Comm# GG98785
"AEN Expires 5/12/2022
Copyright © 1992-2023 Databaca Services, Inc. - Procoss Server's ToolboxV8 1z
Filing # 168991536 E-Filed 03/17/2023 03:13:41 PM
IN THE CIRCUIT COURT OF THE
NINTH JUDICIAL CIRCUIT, IN AND
FOR ORANGE COUNTY, FLORIDA
DANIEL J. GONZALEZ VIELMA, CASE NO: 2023-CA-002457-0
Plaintiff,
vs.
MARTA M. BENITEZ, and
JOSE DIAZ,
Defendants.
/
SUMMONS
THE STATE OF FLORIDA:
To all and singular sheriffs of said state:
YOU ARE HEREBY COMMANDED to serve this Summons and a copy of the
Complaint in the above-styled cause upon the Defendant:
Jose Diaz
4023 Hely Cate Place
Kissimmee, Florida 34744
Each Defendant is hereby required to serve written defenses to said Complaint or Petition
on Karl W. Labertew, B.C.S., Rubenstein Law, P.A., 9130 S. Dadeland Boulevard, Penthouse.
Miami, Florida 33156, within twenty (20) days after service of this Summons upon you, exclusive
of the day of service, and to file the original of said written defenses with the Clerk of said Court
either before service on Plaintiff's attorney or immediately thereafter. If you fail to do so, a default
will be entered against you for the relief demanded in the Complaint or Petition.
Dated: 3/20/2023,
‘Tiffany Moore Russell
Clerk of the Circuit Court
Civil Division
425 N. Orange Avenue
py Val Stina Teseoas
Room 3 As Deputy Clerk, Civil Division
Orlando} Florida 32801
425 N. Orange Avenue, Room 350
Orlando, Florida 32801
Filing # 176355568 E-Filed 06/28/2023 02:15:57 PM
AFFIDAVIT OF NON-SERVICE
State of Florida County of Orange Circult Court
Ma MM l
Case Number: 2023-CA-002457-0
Plaintiff:
DANIEL J. GONZALEZ VIELMA 2
vs,
Defendant:
MARTA M. BENITEZ,, et al.,
For:
RL LABERTEW, ESQ
RUBENSTEIN LAW, P.A. (ORLANDO)
200 S, ORANGE AVENUE
SUITE # 2000
ORLANDO, FL 32801
Received by Danie! Landol on the 27th day of April, 2023 at 12:48 pm to be served on MARTHA M.
BENITEZ, 4023 HELYC CATE PLACE, KISSIMMEE, FL 34744
|, Danlel Lando!, being duly sworn, depose and say that on the 7th day of June, 2623 at 12:32 pm, I:
NON-SERVED - OTHER: unable to deliver the Summons, Complaint For Damages And Demand For
Jury Trial,Interrogatories, Request For Production AND Request For Admissions at 4023 HELYC
CATE PLACE, KISSIMMEE, FL 34744 for the reasons detailed in the comments below.
Additional information pertaining to this Service:
4/14/2023 6:44 pm Attempted service at 4023 HELYC CATE PLACE, KISSIMMEE, FL 34744, no answer
no vehicles
4/18/2023 8:13 am Attempted service at 4023 HELYC CATE PLACE, KISSIMMEE, FL 34744, no answer
no movement
412212023 9:35 am Attempted service at 4023 HELYC CATE PLACE, KISSIMMEE, FL 34744, no vehicles
no answer neighbors not avallable
4/27/2023 7:15 pm Attempted service at 4023 HELYC CATE PLACE, KISSIMMEE, FL 34744, no lights no
vehicles
5/6/2023 3:37 pm Attempted service at 4023 HELYC CATE PLACE, KISSIMMEE, FL 34744, no answer
no movement
5/10/2023 3:26 pm Attempted service at 4023 HELYC CATE PLACE, KISSIMMEE, Fl. 34744, no answer
no movement, no vehicles
5/15/2023 8:31 am Attempted service at 4023 HELYC CATE PLACE, KISSIMMEE, FL 34744, no vehicles
no activity seen, left card
5/20/2023 6:20 pm Attempted service at 4023 HELYC CATE PLACE, KISSIMMEE, FL 34744, card was
gone,no vehicles, neighbors didn't answered door
5/24/2023 4:45 pm Attempted service at 4023 HELYC CATE PLACE, KISSIMMEE, FL 34744, no
movement no answer
5/27/2023 5:41 pm Attempted service at 4023 HELYC CATE PLACE, KISSIMMEE, FL 34744, no vehicles
no answer
6/3/2023 2:45 pm Attempted service at 4023 HELYC CATE PLACE, KISSIMMEE, FL 34744, no neighbors
available no answer
6/7/2023 12:32pm Attempted service at 4023 HELYC CATE PLACE, KISSIMMEE, FL 34744, same
scenario with no mavement no answer
6/21/2023 3:42 pm NS PER CLIENT
AFFIDAVIT OF NON: E For }-CA-002457-
I do hereby certify that | have no interest in the above action, that | am over the age of eighteen, and that]
am a Certified Process Server in the circuit in which process was served/non-served.
Swom te or affirmed and signed before me on the
7th day of June, 2023 by means of physical
“a p
Danie] Landol
sence, by the affiant who is personally known to LICENSE #0172
EXECUTIVE EXPRESS COURIER
4460 NW 73 AVE
OTARY PUBL! MIAMI, FL 33166
a (305) 371-0292
Notary Public State of Florida
: f Keistl i Wiliams
: My Commission GG 841019 Our Job Serial Number: JRT-2023059712
a Expires 12/22/2023 Ref. 474793 VIELMA VS BENITEZ
‘Copyright
® 1942-2023 Database Services, Inc,~ Process Server's Toolbox VB.1z
Filing # 168991536 E-Filed 03/17/2023 03:13:41 PM
IN THE CIRCUIT COURT OF THE
NINTH JUDICIAL CIRCUIT, IN AND
FOR ORANGE COUNTY, FLORIDA.
DANIEL J. GONZALEZ VIELMA, CASE NO:2023-CA-002457-0
Plaintiff,
VS.
MARTA M. BENITEZ, and
JOSE DIAZ,
Defendants.
/
SUMMONS
THE STATE OF FLORIDA:
To all.and singular sheriffs of said state:
YOU ARE HEREBY COMMANDED to serve this Summons and a copy of the
Complaint in the above-styled cause upon the Defendant:
Marta M. Benitez
4023 Hely Cate Place
Kissimmee, Florida 34744
‘Each Defendant is hereby required to serve written defenses to said Complaint or Petition
on Karl W. Labertew, B.C.S., Rubenstein Law, P.A., 9130 S. Dadeland Boulevard, Penthouse,
Miami, Florida 33156, within twenty (20) days after service of this Summons upon you, exclusive
of the day of service, and to file the original of said written defenses with the Clerk of said Court
either before service on Plaintiff's attorney or immediately thereafter. If you fail to do so, a default
will be entered against you for the relief demanded in the Complaint or Petition.
Dated: 3/20/2023
Clete of the Cireuit Court
By [of Karina Tasers
Civit Division
420 N. Orange Avenue As Deputy Clerk, Civil Division
Orlonda Florida 32601 425 N. Orange Avenue, Room 350
Orlando, Florida 32801
Preview
Filing #177867132 E-Filed 07/20/2023 01:21:47 PM IN THE CIRCUIT COURT FOR THE NINTH JUDICIAL CIRCUIT IN AND FOR ORANGE COUNTY, FLORIDA DANIEL J. GONZALEZ VIELMA, CASE NO: 2023-CA-002457-O Plaintiff, vs. MARTA M. BENITEZ, and JOSE DIAZ, Defendants. PLAINTIFF’S FIRST AMENDED COMPLAINT COMES NOW the Plaintiff, DANIEL J. GONZALEZ VIELMA, by and through his undersigned counsel, and hereby sues the Defendants, MARTA M. BENITEZ and JOSE DIAZ as follows: JURISDICTIONAL REQUIREMENTS 1 This is an action for damages which exceed the jurisdictional requirements of this Court. 2 At all times material to this action, Defendants MARTA M. BENITEZ and JOSE DIAZ were either (1) non-residents; (2) natural residents of Florida who have become non- residents; or (3) residents of Florida concealing their whereabouts. 3 Florida Statute § 48.171 provides that a motor vehicle operator and/or owner who is a nonresident, becomes a nonresident, or conceals their whereabouts, designates the Secretary of State as their agent to accept Service of Process on their behalf. 4 At all times material to this action, Plaintiff DANIEL J. GONZALEZ VIELMA. performed a diligent search to locate the Defendants, MARTA M. BENITEZ and JOSE DIAZ, and Plaintiff performed an honest and thorough search to locate the Defendants’ whereabouts. However, the Defendants’ locations are still unknown to the Plaintiff. Therefore, substituted Service of Process is proper on the Secretary of State pursuant to Florida Statute §48.171. (Affidavits of Non-Service attached hereto as Composite Exhibit “A”.) 5 Venue is proper in Orange County, Florida, as the instant action occurred in Orange County, Florida. 6. All other conditions precedent to the bringing of this action have been performed, have occurred, or have been waived. FACTS COMMON TO ALL COUNTS 7 Upon information and belief, Defendant MARTA M. BENITEZ was the operator of a motor vehicle on September 5, 2022, specifically a 2014 Ford Escape, bearing VIN No. 1FMCUOGX3EUC48551, which she was operating at or near the intersection of Boggy Creek Road and SR 417 in Orlando, Orange County, Florida. 8 Defendant JOSE DIAZ was the owner of said motor vehicle, more specifically the 2014 Ford Escape, bearing VIN No. [FMCUOGX3EUC48551. 9 At that same time and place, Plaintiff DANIEL J. GONZALEZ VIELMA was in a motor vehicle at that same location in Orlando, Orange County, Florida. COUNT I- NEGLIGENCE CLAIM AGAINST MARTA M. BENITEZ 10. Duty. On or about September 5, 2022, Defendant MARTA M. BENITEZ had a duty to other drivers, including Plaintiff DANIEL J. GONZALEZ VIELMA, to obey traffic control devices; maintain a safe and controllable operating speed for her vehicle and the roadway while driving on public roadways; maintain a proper lookout; operate her vehicle in a reasonably safe and non-negligent manner; and obey all applicable Laws and Statutes. 11. Breach. At that time and place, Defendant MARTA M. BENITEZ breached her duty to Plaintiff DANIEL J. GONZALEZ VIELMA by negligently operating and/or maintaining her motor vehicle, failing to maintain a proper lookout, failing to obey traffic control devices, and failing to operate her vehicle in a reasonably safe and non-negligent manner, thereby causing a collision between her vehicle and the motor vehicle driven by Plaintiff DANIEL J. GONZALEZ VIELMA. 9. Legal Causation. The negligent actions described above by Defendant MARTA M. BENITEZ, directly and proximately caused the incident and injuries sustained by Plaintiff DANIEL J. GONZALEZ VIELMA, in that those actions directly, and in natural and continuous sequence, produced or contributed substantially to his injuries. 10. Damages. As a direct and proximate result of the negligence of Defendant MARTA M. BENITEZ, Plaintiff DANIEL J. GONZALEZ VIELMA suffered significant bodily injury and resulting pain and suffering, impairment, disability, aggravation of a pre-existing condition, disfigurement, loss of capacity for the enjoyment of life, expenses of hospitalization, medical and nursing care and treatment, loss of earnings, and loss of ability to earn money. The injuries to the Plaintiff are permanent and he will continue to suffer the losses in the future. WHEREFORE, Plaintiff DANIEL J. GONZALEZ VIELMA demands judgment for damages against Defendant MARTA M. BENITEZ, including costs of this action, and further demands a trial by jury on all issues so triable, and for such other relief as this Court deems just and proper. COUNT II-VICARIOUS NEGLIGENCE CLAIM AGAINST DEFENDANT JOSE DIAZ Plaintiff re-alleges and incorporates herein by reference each and every factual allegation as contained in Paragraphs one (1) through ten (10) as if fully set forth herein and would further allege: 11. That by virtue of being the owner of the subject vehicle, the 2014 Ford Escape bearing VIN No. IFMCUOGX3EUC48551, Defendant JOSE DIAZ is vicariously negligent to the same degree as Defendant MARTA M. BENITEZ based on Florida’s Dangerous Instrumentality Doctrine. 12. As a direct and proximate result of the vicarious negligence of the Defendant, Plaintiff DANIEL J. GONZALEZ VIELMA suffered significant bodily injury and resulting pain and suffering, impairment, disability, disfigurement, loss of capacity for the enjoyment of life, expenses of hospitalization, medical and nursing care and treatment, and loss of income and loss of earnings capacity. The injuries to the Plaintiff are permanent and he will continue to suffer the losses in the future. WHEREFORE, Plaintiff DANIEL J. GONZALEZ VIELMA demands judgment for damages against Defendant JOSE DIAZ, including costs of this action, and further demands a trial by jury on all issues so triable, and for such other relief as this Court deems just and proper. DEMAND FOR JURY TRIAL Plaintiff DANIEL J. GONZALEZ VIELMA requests a trial by jury on all issues triable as of right by a jury. RESPECTFULLY submitted this 30" day of June 2023. RUBENSTEIN LAW, P.A. Attorneys for 9130 S. Dadeland Blvd, PH Miami, FL 33156 Tel: (305) 661-6000 Fax: (407) 987-6630 Email: klabertew@rubensteinlaw.com Ibosch@rubensteinlaw.com eservice@rubensteinlaw.com By: _/s/ Karl W. Labertew Karl W. Labertew, B.C.S. Florida Bar No.: 0615234 Filing # 176523435 E-Filed 06/30/2023 11:11:38 AM AFFIDAVIT OF NON-SERVICE State of Florida County of Orange Circuit Court Vn | ll l Case Number: 2023-CA-002457-0 Plaintiff: DANIEL J. GONZALEZ VIELMA 3 vs. Defendant: MARTA M. BENITEZ., et al., For. KARL LABERTEW, ESQ RUBENSTEIN LAW, P.A. (ORLANDO) 200 S. ORANGE AVENUE SUITE # 2000 ORLANDO, FL 32801 Received by Daniel Lando! on the 27th day of April, 2023 at 12:49 pm to be served on JOSE DIAZ, 4023 HELYC CATE PLACE, KISSIMMEE, FL 34744. |, Daniel Landal, being duly sworn, depose and say that on the 7th day of June, 2023 at 12:32 pm, |: NON-SERVED - OTHER: unable to deliver the Summons, Complaint For Damages And Demand For Jury Trial,Interrogatories, Request For Production AND Request For Admissions at 4023 HELYC CATE PLACE, KISSIMMEE, FL 34744 for the reasons detailed in the comments below. Additional Information pertaining to this Service: 4/14/2023 6:44 pm Attempted service at 4023 HELYC CATE PLACE, KISSIMMEE, FL 34744, no answer no vehicles 4/18/2023 8:13 am Attempted service at 4023 HELYC CATE PLACE, KISSIMMEE, FL 34744, no answer no movement 4/22/2023 9:35 am Attempted service at 4023 HELYC CATE PLACE, KISSIMMEE, FL 34744, no vehicles no answer neighbors not available 4/27/2023 7:15 pm Attempted service at 4023 HELYC CATE PLACE, KISSIMMEE, FL 34744, no lights no vehicles 5/6/2023 3:37 pm Attempted service at 4023 HELYC CATE PLACE, KISSIMMEE, FL 34744, no answer no movement 5/10/2023 2:36 pm Attempted service at 4023 HELYC CATE PLACE, KISSIMMEE, FL 34744, no answer no movement, no vehicles 5/18/2023 8:31 am Attempted service at 4023 HELYC CATE PLACE, KISSIMMEE, FL 34744, no vehicles no activity seen, left card §/20/2023 6:20 pm Attempted service at 4023 HELYC CATE PLACE, KISSIMMEE, FL 34744, card was gone,no vehicles, neighbors didn't answered door 5/24/2023 4:45 pm Attempted service at 4023 HELYC CATE PLACE, KISSIMMEE, FL 34744, no movement no answer 5/27/2023 5:41 pm Attempted service at 4023 HELYC CATE PLACE, KISSIMMEE, FL 34744, no vehicles no answer 6/3/2023 2:45 pm Attempted service at 4023 HELYC CATE PLACE, KISSIMMEE, FL 34744, no neighbors available no answer 6/7/2023 12:32 pm Attempted service at 4023 HELYC CATE PLACE, KISSIMMEE, FL 34744, same scenario with no movement no answer Exhibit "A" AFFIDAVIT OF NON-SERVICE For 2023-CA-002457-0 | do hereby certify that | have no interest in the above action, that | am over the age of eighteen, and that | am a Certified Process Server in the circuit in which process was served/non-served. Sworn to or affirmed and signed before me on be - pt _L 21st day of June, 2023 by means of physical Daniel Landol presence, by the affiant who is personally known to LICENSE #0172 me EXECUTIVE EXPRESS COURIER 4460 NW 73 AVE NOTARY PUBLIC. MIAMI, FL 33166 (305) 371-0292 aR Ashley Taylor Notary Public Our Job Serial Number: JRT-2023059713 =State of Floride Ref: 474793 VIELMA VS BENITEZ Comm# GG98785 "AEN Expires 5/12/2022 Copyright © 1992-2023 Databaca Services, Inc. - Procoss Server's ToolboxV8 1z Filing # 168991536 E-Filed 03/17/2023 03:13:41 PM IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT, IN AND FOR ORANGE COUNTY, FLORIDA DANIEL J. GONZALEZ VIELMA, CASE NO: 2023-CA-002457-0 Plaintiff, vs. MARTA M. BENITEZ, and JOSE DIAZ, Defendants. / SUMMONS THE STATE OF FLORIDA: To all and singular sheriffs of said state: YOU ARE HEREBY COMMANDED to serve this Summons and a copy of the Complaint in the above-styled cause upon the Defendant: Jose Diaz 4023 Hely Cate Place Kissimmee, Florida 34744 Each Defendant is hereby required to serve written defenses to said Complaint or Petition on Karl W. Labertew, B.C.S., Rubenstein Law, P.A., 9130 S. Dadeland Boulevard, Penthouse. Miami, Florida 33156, within twenty (20) days after service of this Summons upon you, exclusive of the day of service, and to file the original of said written defenses with the Clerk of said Court either before service on Plaintiff's attorney or immediately thereafter. If you fail to do so, a default will be entered against you for the relief demanded in the Complaint or Petition. Dated: 3/20/2023, ‘Tiffany Moore Russell Clerk of the Circuit Court Civil Division 425 N. Orange Avenue py Val Stina Teseoas Room 3 As Deputy Clerk, Civil Division Orlando} Florida 32801 425 N. Orange Avenue, Room 350 Orlando, Florida 32801 Filing # 176355568 E-Filed 06/28/2023 02:15:57 PM AFFIDAVIT OF NON-SERVICE State of Florida County of Orange Circult Court Ma MM l Case Number: 2023-CA-002457-0 Plaintiff: DANIEL J. GONZALEZ VIELMA 2 vs, Defendant: MARTA M. BENITEZ,, et al., For: RL LABERTEW, ESQ RUBENSTEIN LAW, P.A. (ORLANDO) 200 S, ORANGE AVENUE SUITE # 2000 ORLANDO, FL 32801 Received by Danie! Landol on the 27th day of April, 2023 at 12:48 pm to be served on MARTHA M. BENITEZ, 4023 HELYC CATE PLACE, KISSIMMEE, FL 34744 |, Danlel Lando!, being duly sworn, depose and say that on the 7th day of June, 2623 at 12:32 pm, I: NON-SERVED - OTHER: unable to deliver the Summons, Complaint For Damages And Demand For Jury Trial,Interrogatories, Request For Production AND Request For Admissions at 4023 HELYC CATE PLACE, KISSIMMEE, FL 34744 for the reasons detailed in the comments below. Additional information pertaining to this Service: 4/14/2023 6:44 pm Attempted service at 4023 HELYC CATE PLACE, KISSIMMEE, FL 34744, no answer no vehicles 4/18/2023 8:13 am Attempted service at 4023 HELYC CATE PLACE, KISSIMMEE, FL 34744, no answer no movement 412212023 9:35 am Attempted service at 4023 HELYC CATE PLACE, KISSIMMEE, FL 34744, no vehicles no answer neighbors not avallable 4/27/2023 7:15 pm Attempted service at 4023 HELYC CATE PLACE, KISSIMMEE, FL 34744, no lights no vehicles 5/6/2023 3:37 pm Attempted service at 4023 HELYC CATE PLACE, KISSIMMEE, FL 34744, no answer no movement 5/10/2023 3:26 pm Attempted service at 4023 HELYC CATE PLACE, KISSIMMEE, Fl. 34744, no answer no movement, no vehicles 5/15/2023 8:31 am Attempted service at 4023 HELYC CATE PLACE, KISSIMMEE, FL 34744, no vehicles no activity seen, left card 5/20/2023 6:20 pm Attempted service at 4023 HELYC CATE PLACE, KISSIMMEE, FL 34744, card was gone,no vehicles, neighbors didn't answered door 5/24/2023 4:45 pm Attempted service at 4023 HELYC CATE PLACE, KISSIMMEE, FL 34744, no movement no answer 5/27/2023 5:41 pm Attempted service at 4023 HELYC CATE PLACE, KISSIMMEE, FL 34744, no vehicles no answer 6/3/2023 2:45 pm Attempted service at 4023 HELYC CATE PLACE, KISSIMMEE, FL 34744, no neighbors available no answer 6/7/2023 12:32pm Attempted service at 4023 HELYC CATE PLACE, KISSIMMEE, FL 34744, same scenario with no mavement no answer 6/21/2023 3:42 pm NS PER CLIENT AFFIDAVIT OF NON: E For }-CA-002457- I do hereby certify that | have no interest in the above action, that | am over the age of eighteen, and that] am a Certified Process Server in the circuit in which process was served/non-served. Swom te or affirmed and signed before me on the 7th day of June, 2023 by means of physical “a p Danie] Landol sence, by the affiant who is personally known to LICENSE #0172 EXECUTIVE EXPRESS COURIER 4460 NW 73 AVE OTARY PUBL! MIAMI, FL 33166 a (305) 371-0292 Notary Public State of Florida : f Keistl i Wiliams : My Commission GG 841019 Our Job Serial Number: JRT-2023059712 a Expires 12/22/2023 Ref. 474793 VIELMA VS BENITEZ ‘Copyright ® 1942-2023 Database Services, Inc,~ Process Server's Toolbox VB.1z Filing # 168991536 E-Filed 03/17/2023 03:13:41 PM IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT, IN AND FOR ORANGE COUNTY, FLORIDA. DANIEL J. GONZALEZ VIELMA, CASE NO:2023-CA-002457-0 Plaintiff, VS. MARTA M. BENITEZ, and JOSE DIAZ, Defendants. / SUMMONS THE STATE OF FLORIDA: To all.and singular sheriffs of said state: YOU ARE HEREBY COMMANDED to serve this Summons and a copy of the Complaint in the above-styled cause upon the Defendant: Marta M. Benitez 4023 Hely Cate Place Kissimmee, Florida 34744 ‘Each Defendant is hereby required to serve written defenses to said Complaint or Petition on Karl W. Labertew, B.C.S., Rubenstein Law, P.A., 9130 S. Dadeland Boulevard, Penthouse, Miami, Florida 33156, within twenty (20) days after service of this Summons upon you, exclusive of the day of service, and to file the original of said written defenses with the Clerk of said Court either before service on Plaintiff's attorney or immediately thereafter. If you fail to do so, a default will be entered against you for the relief demanded in the Complaint or Petition. Dated: 3/20/2023 Clete of the Cireuit Court By [of Karina Tasers Civit Division 420 N. Orange Avenue As Deputy Clerk, Civil Division Orlonda Florida 32601 425 N. Orange Avenue, Room 350 Orlando, Florida 32801