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Filing # 71533952 E-Filed 05/01/2018 06:00:32 PM
IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT
MIAMI-DADE COUNTY, FLORIDA
CIRCUIT COURT
CHRISTOPHER MANSON,
Plaintiff, Case No. 17-CA-027479
Vv.
CHARLES M. STIWALT, HIS HEIRS AND ALL
PERSONS CLAIMING ANY LEGAL
OR EQUITABLE RIGHT, TITLE, ESTATE, LIEN,
OR INTEREST IN THE PROPERTY DESCRIBED
IN THE COMPLAINT ADVERSE TO PLAINTIFF'S
TITLE, OR ANY CLOUD ON
PLAINTIFF'S TITLE THERETO,
Defendants.
/
VERIFIED SECOND MOTION TO EXTEND TIME TO SERVE
SUMMONS AND COMPLAINT
Plaintiff, CHRISTOPHER MANSON, by and through the undersigned
counsel and pursuant to Florida Rule of Civil Procedure 1.070(j), hereby files this
Verified Second Motion to Extend Time to Serve the Summons and Complaint, and
in support thereof states:
1. The Complaint in this case was originally filed by the undersigned
counsel on July 31, 2017. However, the undersigned counsel filed the Complaint
with the anticipation that the Plaintiff would separately pay the filing fee in person
with the clerk of court.2. Within a week of the filing of the complaint, Plaintiff went to the clerk
to pay the filing fee, but was told that he could not because it was the clerk’s policy
that, when a complaint is efiled by an attomey, the filing fee must be paid through
the Florida ePortal.
3. Over the next week or so, the undersigned counsel attempted to resolve
the issue with the clerk to allow Plaintiff to pay in person to no avail, and during this
time, the Complaint was held in abeyance in the pending correction queue by the
clerk and remained in the pending correction queue until the filing fee was finally
paid.
4. Due to an apparent miscommunication between the undersigned
counsel and Plaintiff, Plaintiff did not forward the filing fee to counsel until about
three months later, and counsel paid the fee through the ePortal on or about
December 4, 2017.
5. Once the filing fee was paid, the clerk moved the Complaint from the
pending correction queue and it was officially accepted by the clerk. The clerk
retained the filing date of July 31, 2017 for the Complaint, even though the
Complaint was sitting in the pending correction queue until December 2017.
6. Counsel mentions the above to clarify that Plaintiff did not initially
have a full 120 days to serve the Complaint because counsel was under the belief
that he needed to wait until the Complaint was officially accepted by the clerk beforeseeking to effectuate service on the Defendant. This is one of the reasons Plaintiff
filed his initial Verified Motion to Extend Time to Serve Summons and Complaint
on January 17, 2018.
7. On March 2, 2018, this Court entered an order granting Plaintiff an
extension until May 1, 2018, to serve the summons and complaint.
8. Since that time, Plaintiff has diligently continued his search for the
Defendant.
9. By April 2, 2018, the undersigned counsel determined that he would
not be able to personally serve the Defendant, as counsel confirmed that the
Defendant was deceased and counsel has been unable to locate Defendant’s heirs, if
any.
10. The undersigned counsel has filed an affidavit of diligent search and
has submitted a request for the clerk of court to issue a notice of action. That process
is still ongoing.
11. As constructive service requires that the notice of action be published
for four consecutive weeks, Plaintiff needs some additional time to complete the
constructive service.
12. For the above reasons, Plaintiff respectfully requests that the Court
extend the time to serve the summons and complaint for a period of time until July10, 2018, which should allow sufficient time for the constructive service process to
be completed.
WHEREFORE Plaintiff, CHRISTOPHER MANSON, respectfully request
that this Court enter an Order extending the time for the filing of the summons and
complaint until July 10, 2018, and such other relief as this Court deems just.
/s/Henry G. Gyden
Henry G. Gyden, Esq.
Florida Bar No.: 158127
GYDEN LAW GROUP, P.A.
1228 East 7" Ave.
Suite 200
Tampa, Florida 33605
Telephone: (813) 493-4181
Facsimile: (813) 337-0244 FAX
hgyden@gydenlaw.com
Attorney for Plaintiff
VERIFICATION
I, Henry G. Gyden, am the attorney representing the Plaintiff in the above-
entitled action. I have prepared and read the foregoing motion and know the contents
thereof. I declare under penalty of perjury that the foregoing is true and correct.
/s/Henry G. Gyden
Henry G. Gyden
DATED: May 1, 2018
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Filing # 71533952 E-Filed 05/01/2018 06:00:32 PM IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT MIAMI-DADE COUNTY, FLORIDA CIRCUIT COURT CHRISTOPHER MANSON, Plaintiff, Case No. 17-CA-027479 Vv. CHARLES M. STIWALT, HIS HEIRS AND ALL PERSONS CLAIMING ANY LEGAL OR EQUITABLE RIGHT, TITLE, ESTATE, LIEN, OR INTEREST IN THE PROPERTY DESCRIBED IN THE COMPLAINT ADVERSE TO PLAINTIFF'S TITLE, OR ANY CLOUD ON PLAINTIFF'S TITLE THERETO, Defendants. / VERIFIED SECOND MOTION TO EXTEND TIME TO SERVE SUMMONS AND COMPLAINT Plaintiff, CHRISTOPHER MANSON, by and through the undersigned counsel and pursuant to Florida Rule of Civil Procedure 1.070(j), hereby files this Verified Second Motion to Extend Time to Serve the Summons and Complaint, and in support thereof states: 1. The Complaint in this case was originally filed by the undersigned counsel on July 31, 2017. However, the undersigned counsel filed the Complaint with the anticipation that the Plaintiff would separately pay the filing fee in person with the clerk of court.2. Within a week of the filing of the complaint, Plaintiff went to the clerk to pay the filing fee, but was told that he could not because it was the clerk’s policy that, when a complaint is efiled by an attomey, the filing fee must be paid through the Florida ePortal. 3. Over the next week or so, the undersigned counsel attempted to resolve the issue with the clerk to allow Plaintiff to pay in person to no avail, and during this time, the Complaint was held in abeyance in the pending correction queue by the clerk and remained in the pending correction queue until the filing fee was finally paid. 4. Due to an apparent miscommunication between the undersigned counsel and Plaintiff, Plaintiff did not forward the filing fee to counsel until about three months later, and counsel paid the fee through the ePortal on or about December 4, 2017. 5. Once the filing fee was paid, the clerk moved the Complaint from the pending correction queue and it was officially accepted by the clerk. The clerk retained the filing date of July 31, 2017 for the Complaint, even though the Complaint was sitting in the pending correction queue until December 2017. 6. Counsel mentions the above to clarify that Plaintiff did not initially have a full 120 days to serve the Complaint because counsel was under the belief that he needed to wait until the Complaint was officially accepted by the clerk beforeseeking to effectuate service on the Defendant. This is one of the reasons Plaintiff filed his initial Verified Motion to Extend Time to Serve Summons and Complaint on January 17, 2018. 7. On March 2, 2018, this Court entered an order granting Plaintiff an extension until May 1, 2018, to serve the summons and complaint. 8. Since that time, Plaintiff has diligently continued his search for the Defendant. 9. By April 2, 2018, the undersigned counsel determined that he would not be able to personally serve the Defendant, as counsel confirmed that the Defendant was deceased and counsel has been unable to locate Defendant’s heirs, if any. 10. The undersigned counsel has filed an affidavit of diligent search and has submitted a request for the clerk of court to issue a notice of action. That process is still ongoing. 11. As constructive service requires that the notice of action be published for four consecutive weeks, Plaintiff needs some additional time to complete the constructive service. 12. For the above reasons, Plaintiff respectfully requests that the Court extend the time to serve the summons and complaint for a period of time until July10, 2018, which should allow sufficient time for the constructive service process to be completed. WHEREFORE Plaintiff, CHRISTOPHER MANSON, respectfully request that this Court enter an Order extending the time for the filing of the summons and complaint until July 10, 2018, and such other relief as this Court deems just. /s/Henry G. Gyden Henry G. Gyden, Esq. Florida Bar No.: 158127 GYDEN LAW GROUP, P.A. 1228 East 7" Ave. Suite 200 Tampa, Florida 33605 Telephone: (813) 493-4181 Facsimile: (813) 337-0244 FAX hgyden@gydenlaw.com Attorney for Plaintiff VERIFICATION I, Henry G. Gyden, am the attorney representing the Plaintiff in the above- entitled action. I have prepared and read the foregoing motion and know the contents thereof. I declare under penalty of perjury that the foregoing is true and correct. /s/Henry G. Gyden Henry G. Gyden DATED: May 1, 2018