On January 13, 2021 a
Motion,Ex Parte
was filed
involving a dispute between
American Express National Bank,
and
Beschen, Daniel,
for County Civil $15,0001 - $30,000
in the District Court of Indian River County.
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Filing # 135185790 E-Filed 09/23/2021 02:07:45 PM
IN THE COUNTY COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT
IN AND FOR BROWARD COUNTY, FLORIDA
AMERICAN EXPRESS NATIONAL BANK, CASE NO.: COCE-21-001679
Plaintiff,
312021CCO02056XXXXXX
vs.
DANIEL BESCHEN, aka Daniel Patrick
Beschen,
Defendant(s)
PLAINTIFF'S EX-PARTE MOTION TO TRANSFER VENUE AND
PLAINTIFF'S EX-PARTE MOTION FOR EXTENSION OF TIME
TO EFFECTUATE SERVICE OF PROCESS
Plaintiff, AMERICAN EXPRESS NATIONAL BANK as successor by merger to American
Express Bank, FSB, hereby files this Ex-Parte Motion to Transfer Venue and Ex-Parte Motion
for Extension of Time to Effectuate Service of Process allege as follows:
1 Plaintiff filed its Complaint on or about June 19, 2019 initiating this action in the County
Court of Broward County, Florida.
Upon information and belief, Plaintiffs Counsel has learned that the Defendant(s) now
reside in Indian River County, Florida.
Accordingly the above styled action needs to be transferred to Indian River County,
Florida.
Once this matter is transferred to the proper county, Plaintiff will need additional time in
which to serve process on the Defendant(s).
Pursuant to the Florida Rules of Civil Procedure, Rule 1.090(b), and Plaintiff request an
additional time in which to serve the Defendant.
The Florida Rules of Civil Procedure, Rule 1.090(b) provides in part:
When an action is required or allowed to be done at or in a specified time by. . .
these rules . . . for cause shown the Court at any time at its discretion (1) with or
without notice, may order the period enlarged if request therefore, is made before
the expiration of the period originally prescribed or as extended by previous order...
#** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 09/23/2021 02:07:45 PM.****
7. Plaintiff is requesting an additional 120 days from the date in which the above styled action
lawsuit is transferred to the new Court in which to effect service of process upon the
Defendant(s)
WHEREFORE, Plaintiff respectfully requests that the Court enter an order:
a Transferring this action to Indian River County, Florida.
b Granting its Motion for Extension of Time and allowing it an additional 120 days within
which to obtain service of process on Defendant(s).
and grant such other and further relief that may be awarded at law or in equity.
Modlin Slinsky, P.A.
Attorneys for Plaintiff
1551 Sawgrass Corporate Parkway, Suite 110
Sunrise, FL 33323
Telephone: 754-300-1058
Facsimile: 754-551-5791
Primary E-mail: pleadings@Issmlaw.com
BY: S/ Lourdes Slinsky, Esq.
Florida Bar No.: 126375
Our File No.: 20184020
Document Filed Date
October 18, 2021
Case Filing Date
January 13, 2021
Category
County Civil $15,0001 - $30,000
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Filing # 135185790 E-Filed 09/23/2021 02:07:45 PM IN THE COUNTY COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA AMERICAN EXPRESS NATIONAL BANK, CASE NO.: COCE-21-001679 Plaintiff, 312021CCO02056XXXXXX vs. DANIEL BESCHEN, aka Daniel Patrick Beschen, Defendant(s) PLAINTIFF'S EX-PARTE MOTION TO TRANSFER VENUE AND PLAINTIFF'S EX-PARTE MOTION FOR EXTENSION OF TIME TO EFFECTUATE SERVICE OF PROCESS Plaintiff, AMERICAN EXPRESS NATIONAL BANK as successor by merger to American Express Bank, FSB, hereby files this Ex-Parte Motion to Transfer Venue and Ex-Parte Motion for Extension of Time to Effectuate Service of Process allege as follows: 1 Plaintiff filed its Complaint on or about June 19, 2019 initiating this action in the County Court of Broward County, Florida. Upon information and belief, Plaintiffs Counsel has learned that the Defendant(s) now reside in Indian River County, Florida. Accordingly the above styled action needs to be transferred to Indian River County, Florida. Once this matter is transferred to the proper county, Plaintiff will need additional time in which to serve process on the Defendant(s). Pursuant to the Florida Rules of Civil Procedure, Rule 1.090(b), and Plaintiff request an additional time in which to serve the Defendant. The Florida Rules of Civil Procedure, Rule 1.090(b) provides in part: When an action is required or allowed to be done at or in a specified time by. . . these rules . . . for cause shown the Court at any time at its discretion (1) with or without notice, may order the period enlarged if request therefore, is made before the expiration of the period originally prescribed or as extended by previous order... #** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 09/23/2021 02:07:45 PM.**** 7. Plaintiff is requesting an additional 120 days from the date in which the above styled action lawsuit is transferred to the new Court in which to effect service of process upon the Defendant(s) WHEREFORE, Plaintiff respectfully requests that the Court enter an order: a Transferring this action to Indian River County, Florida. b Granting its Motion for Extension of Time and allowing it an additional 120 days within which to obtain service of process on Defendant(s). and grant such other and further relief that may be awarded at law or in equity. Modlin Slinsky, P.A. Attorneys for Plaintiff 1551 Sawgrass Corporate Parkway, Suite 110 Sunrise, FL 33323 Telephone: 754-300-1058 Facsimile: 754-551-5791 Primary E-mail: pleadings@Issmlaw.com BY: S/ Lourdes Slinsky, Esq. Florida Bar No.: 126375 Our File No.: 20184020