Preview
Filing # 135828011 E-Filed 10/04/2021 11:58:40 AM
IN THE CIRCUIT COURT OF THE
NINTH JUDICIAL CIRCUIT IN AND FOR
OSCEOLA COUNTY, FLORIDA.
JOSEPH GIFFIN, CASE NO: 2021-CA-001411-ON
Plaintiff,
vs.
JOSEPH BAKER, SR. and
KATHARINE BAKER,
Defendant. /
PLAINTIFF’S MOTION FOR LEAVE TO AMEND COMPLAINT AND
MOTION FOR EXTENSION OF TIME TO OBTAIN SUBSTITUTE SERVE OF
PROCESS UPON DEFENDANT VIA THE SECRETARY OF STATE
Plaintiff, GILBERT RODRIGUEZ (“Plaintiff”), by and through the undersigned counsel
and pursuant to the Florida Rules of Civil Procedure, move this Court for an extension of time to
obtain substitute service upon Defendant, KATHARINE BAKER, via the Secretary of State and
state as follows:
1. On May 14, 2021, Plaintiff filed a Complaint against Defendant.
2. On May 24, 2021, the Clerk of this Court issued a summons directed to Defendant.
3. The Plaintiffs’ process server, Professional Investigative Group (‘Process Server”)
attempted to serve Defendant at her last known address contained in the Florida Traffic Crash
Report documenting the motor vehicle accident that is the subject of this case.
4, The Process Server was unable to serve Defendant at 1358 Kings Highway,
Kissimmee, FL 34744,
6. Based on the forgoing, Defendant is a non-resident of Florida or is concealing her
whereabouts and has therefore appointed the Secretary of State as her agent for the service of
process. § 48.171, Fla. Stat.7. Plaintiffs request additional time go through the process of serving Defendant via the
Secretary of State which will require the issuance of an alias summons, delivery of the Summons
and Complaint via certified mail to the Secretary of State, obtaining the retum service from the
Secretary of State, sending a notice of substitute service to Defendant via certified mail, filing an
affidavit of compliance with sections 48.161 and 48.171, Florida Statutes, and filing a copy of
Defendant’s return receipt. § 48.161, Fla. Stat.
8. Rule 1.070(j), Florida Rules of Civil Procedure provides:
If service of the initial process and initial pleading is not made upon a defendant within
120 days after filing of the initial pleading directed to that defendant the court, on its own
initiative after notice or on motion, shall direct that service be effected within a specified
time or shall dismiss the action without prejudice or drop that defendant as a party;
provided that if the plaintiff shows good cause or excusable neglect for the failure, the
court shall extend the time for service for an appropriate period.
9. “Rule 1.070(j) was amended in 1999 in order to broaden the trial court’s discretion to
allow an extension of time for service of process “even when good cause has not been shown.”
Sly v. McKeithen, 27 So.3d 86, 87 (Fla. 1st DCA 2010) (quoting Carter v. Winn-Dixie Store,
Inc., 889 So.2d 960, 961 (Fla. Ist DCA 2004) (quoting Britt v. City of Jacksonville, 874 So.2d
1196, 1197 (Fla. Ist DCA 2004)); Roberts v. Stidham, 19 So.3d 1155, 1157 (Fla. Sth DCA 2009)
(“When a plaintiff shows good cause for failure to serve process within 120 days, the trial court
must extend the time for service and has no discretion to do otherwise. The trial court has broad
discretion to extend the time for service even when good cause for failing to meet the 120~day
deadline has not been shown.”).
10. “Even without a motion to extend, dismissal is required only if reasonable cause for
the delay in service is not documented. Stidham, 19 So.3d at 1158 (citing Root v. Little, 721
So.2d 836,837 (Fla. Sth DCA 1998).11. Furthermore, Florida has a “‘long-standing policy in favor of resolving civil disputes
on the merits,’ and the intent that Rule 1.070(j) serve as ‘a case management tool’ and not as ‘a
severe sanction . . .”” Brown v. Ameri Star, Inc., 884 So.2d 1065, 1067 (Fla. 2d DCA 2004)
(quoting Chaffin v. Jacobson, 793 So.2d 102, 103-104 (Fla. 2d DCA 2001)).
12. In this case, Plaintiff has a reasonable belief that Defendant is a non-resident or is
concealing her whereabouts. Plaintiff is therefore working to obtain substitute service of process
upon Defendant via the Secretary of State and is in need of more time to do so.
13. Based on the foregoing, Plaintiff has shown good cause and reason for the delay in
perfecting service of process upon Defendant.
14. Plaintiff has attached the Affidavit of Non-Service as Exhibit A.
15. Plaintiff has attached the proposed First Amended Complaint as Exhibit B.
WHEREFORE, Plaintiff respectfully requests entry of an order allowing Plaintiff until
November 25, 2021, within which to obtain service of process upon Defendant via the Secretary
of State.
CERTIFICATE OF SERVICE
J HEREBY CERTIFY that on October 4, 2021, I electronically filed the foregoing with
the Clerk of the Courts by using the Florida Courts eFiling Portal.
4s/ Ashley M. Nelson
Ashley M. Nelson, Esquire
FBN: 1018349
Morgan & Morgan, P.A.
20 N. Orange Avenue
Suite 1600
Orlando, FL 32801
Telephone: (407) 867-4823
Facsimile: (407) 452-1632
Primary email: ANelson@forthepeople.com
Secondary email: KOrazi@forthepeople.com
Attorneys for PlaintiffFiling # 135747877 E-Filed 10/01/2021 01:21:49 PM
VERIFIED: RETURN OF ‘NON-SERVICE
State of Florida County-of OSCEOLA. Circuit Court
Case Number::2021-CA1411-ON
Plaintiff:
JOSEPH:GIFFIN
VS:
Defendant:
JAMES BAKER, SR. and:KATHARINE:BAKER
For: -
ASHLEY... NELSON
MORGAN &- MORGAN, P.A.
20:NORTH:ORANGE‘AVENUE
SUITE. 1800 .
ORLANDO, FL.32802
Received by Professional Investigative. Group: on-the 24th:day of May, 2024-at'9:01: pm to be served.on. KATHARINE, vi
. BAKER; 1360:KINGS HWY, KISSIMMEE, Fl 34744, a
1, Michélle Adains, do hereby-affirm-that on: the:23rd day-of ‘September; 2024 at 12:43: pms
NON-SERVED the SUMMONS AND COMPLAINT for the reason that | failed to find KATHARINE BAKER and. .
~ the address of 1360 KINGS HWY, KISSIMMEE, FL 34744 or any information to allow further search. Read-the's. ’
comments below for further details: :
Additional:Information pertaining to this Service: ;
6/2/2021" 2:00-pm- Attempted service at 1360: KINGS'HWY; KISSIMMEE, FL'.34744; House is-6n a ranch'weneed «
a'code for personal gate ora phone number te callhem: to-get.in no-other way house sits back can't See itfrom the
gate:
6/23/2021. 7:14.pm . Attempted service.at 1360.KINGS:HWY, KISSIMMEE, FL34744,.no:changes fseryice!not
permitted /gated.ranch /no responses «.possibly need:advise.altematives address if.possible
6/28/2021: 4:20-pm. Attempted, service at 1360. KINGS: HWY : KISSIMMEE, FL 34744,-nla: No activity...
7/8/2021 6:42 pni'-Attempied service at'1360: KINGS HWY, KISSIMMEE, :FL 34744, gate closed..No access
7/12/2021 °8:18'am: Attempted:service at 1360:KINGS HWY; KISSIMMEE, FL34744, ‘galed-no accass:""
7/15/2021 12:42 pm. Attémpled:service at 1360.KINGS HWY, KISSIMMEE;-FL'34744; gated no access.
7/49/2021 7:55 pm. Attenipted'service at 1360. KINGS'HWY. KISSIMMEE, FL.34744, gate closed, No'access~
7/2412021' 10:02am ‘HER SONJS:ADAN-BAKER AT
4036: PEMBERLY PINES CIR, SAINT CLOUD, FL 34769-1546
(407)°709-2404
8/16/2024 -10:02 am. Alteinpted:sérvice‘at 1360 KINGS HWY, KISSIMMEE, FL'34744, left messages. on...
407-873-3956. There is nothing’stating whose mailbox it-belongs to,
8/26/2021 1:18 pm Attempted service at 1360 KINGS HWY, KISSIMMEE, FL. 34744, {eft another message: on
voicemail .
~ EXHIBIT
A
wiJ certify that'T am over thé.age:of 48, have no interest'in:the. above action, and-am a Certified/SpecialProcess
Server, in:good standing, in the judicial circuit in- which the process was-served:
(Me
Michelle-Adams™
Oscesla. County. CPS#256
Professional investigative-Group.
6151'Lake-Osprey Drive
3rd Floor
Sarasota, FL.34240
{877)°733-2296
Our Job Serial Number: PIC-2021002924
Cojyiight 1992-2021 Database Services, nc. -Procegs Satvers TooBox ViliFiling # 126862388 B-Filed 05/14/2021 04:09:25 PM
INTHE CIRCUIT: COURT OF THE |
NINTH JUDICIAL CIRCUIT INAND-FOR
OSCEOLA COUNTY,-FLORIDA
JOSEPH GIEFIN, CASENO:. 2.027). CANTON
Plaintiff,
VS.
JAMES BAKER, SR..and
KATHARINE BAKER,
Defendants.
I
s AON:
‘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
or Petition, Interrogatories, Request for Production and:Request for Admissions in:the above-styled:
cause'upon the Defendant:
KATHARINE BAKER
1360 KINGS HWY
KISSIMMEE, Fl 34744
Each Defendant is hereby required to serve written defenses to said Complaint or Petition
on. ASHLEY .M. NELSON, ESQ, Morgan & Morgan, P.A., 20 North, Orange Avenue; Suite
1600, P.O,.Box:4979, Orlando, Florida 32802-4979, Telephone: (407): 420-1414, 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
atfomcy or immediately-thereafter. If you fail-to do'so, a default will be entered against you for the
teli¢fidemanded in the: Complaint or Petition.
If you are a person with a-disability-who needs. any: accommiodation;in
order to participate in.this proceeding, you.are entitled, at no cost to you, tothe
provision of certain assistance, Please contact’ the ADA Coordinator, Human
Resources, OSCEOLA - COUNTY COURTHOUSE, 2 COURTHOUSE
SQUARE, SUITE 200, KISSIMMEE, FLORIDA ‘34741, (407) 742-2400, at least
7 days before your scheduled court appearance, or immediately upon receivingthis notification if the. time before the scheduled-appearance is less than: 7.days;
if you are hearing or voice impaired, cal 711. |
th
WITNESS my hard -and the seal of this “Court on this’ the a day of
Wee » 2021.IN THE CIRCUIT COURT OF THE
NINTH JUDICIAL CIRCUIT IN AND FOR
OSCEOLA COUNTY, FLORIDA
JOSEPH GIFFIN, CASE NO: 2021-CA-001411-ON
Plaintiff,
vs.
KATHARINE BAKER,
Defendant. /
FIRST AMENDED COMPLAINT
COMES NOW Plaintiff, JOSEPH GIFFIN, by and through the undersigned counsel sue
Defendant, KATHARINE BAKER, and alleges:
1, This is an action for damages that exceeds the sum of THIRTY THOUSAND
DOLLARS ($30,000.00), exclusive of costs, interest and attorneys’ fees (The estimated value of
Plaintiff's claim is in excess of the minimum jurisdictional threshold required by this
Court). Accordingly, Plaintiff has entered “$30,001” in the civil cover sheet for the “estimated
amount of the claim” as required in the preamble to the civil cover sheet for jurisdictional
purposes only (the Florida Supreme Court has ordered that the estimated “amount of claim” be
set forth in the civil cover sheet for data collection and clerical purposes only). The actual value
of Plaintiff's claim will be determined by a fair and just jury in accordance with Article 1,
Section 21, Fla. Const.
2. At all times material to this action, Plaintiff, JOSEPH GIFFIN, is a natural person
residing in Kissimmee, Osceola County, Florida.
3. At all times material to this action, Defendant, KAREN BAKER, is a natural
person residing in Kissimmee, Osceola County, Florida.
EXHBIT |
B4. At all times material hereto, Defendant, KATHARINE BAKER was the owner and
in possession of property located at 1360 Kings Highway, Kissimmee, Osceola County, Florida,
said property having livestock, not limited to but including, bulls.
5. At all times material to this action, Defendant, KATHARINE BAKER, is a natural
person residing in Osceola County, Florida, that owned, leased or controlled property located at
1360 Kings Highway, Kissimmee, Osceola County, Florida. Plaintiff has unsuccessfully attempted
to serve Defendant, KATHARINE BAKER, at the last known address and has separately filed an
Affidavit of Diligent Search and Inquiry documenting the unsuccessful efforts made to locate
Defendant, KATHARINE BAKER. Upon information and belief, Defendant, KATHARINE
BAKER, has become a nonresident or concealing her whereabouts and has therefore appointed the
Secretary of State her agent for the service of process. §§ 48.161, and 48.171, Fla. Stat.
6. Venue is proper in Osceola County because the alleged incident occurred in Osceola
County.
7. On or about February 23, 2020, Plaintiff, JOSEPH GIFFIN, operated a motor
vehicle at or near the intersection of King’s Highway and Neptune Road, Kissimmee, Osceola
County, Florida.
8. At that time and place, Plaintiff, JOSEPH GIFFIN, encountered Defendants’,
JAMES BAKER, SR. and KATHARINE BAKER bull, unrestricted and unaccompanied, as it
travelled into the pathway of his motor vehicle.
9. At said time and place, Plaintiff, JOSEPH GIFFIN’s vehicle struck the unrestricted
and unaccompanied bull, and, as a consequence, Plaintiff, JOSEPH GIFFIN, sustained severe
bodily injury.10. At said time and place, Plaintiff, JOSEPH GIFFIN was a guest at the retail
establishment, lawfully upon the premises of the Defendant, KAREN BAKER, who owed
Plaintiff, JOSEPH GIFFIN, a duty to exercise reasonable care for her safety.
11. At said time and place, Defendant, KAREN BAKER, breached its duty owed to
Plaintiff, JOSEPH GIFFIN, by committing one or more of the following omissions or
commissions:
a) Negligently failing to maintain or adequately maintain the fencing of the premises to
prevent livestock from straying, thus creating a hazardous condition to members of
the public utilizing said adjacent public access road, including the Plaintiff herein,
thus creating an unreasonably dangerous condition for Plaintiff;
b) Negligently failing to inspect or adequately inspect the fencing surrounding the
premises, as specified above, to ascertain whether a break in the fencing constituted a
hazard to persons accessing said adjacent public access road, including the Plaintiff
herein, thus creating an unreasonably dangerous condition to the Plaintiff;
c) Negligently failing to inspect or adequately warn the Plaintiff of the danger of the
fencing, when Defendant knew or through the exercise of reasonable care should
have known that said fencing was unreasonably dangerous and that Plaintiff was
unaware of same; and
d) Negligently failing to correct or adequately correct the unreasonably dangerous
condition of the fencing on Defendant’s premises, when said condition was either
known to Defendant or had existed for a sufficient length of time such that Defendant
should have known of same had Defendant exercised reasonable care.12. As a result, while Plaintiff, JOSEPH GIFFIN, was accessing the public road
adjacent to the Defendant’s premises, his vehicle struck a bull, sustaining injuries as set forth.
13. Asa direct and proximate result of the negligence of Defendant, KAREN BAKER,
Plaintiff, JOSEPH GIFFIN suffered bodily injury in and about her body and extremities, resulting
in pain and suffering, disability, disfigurement, permanent and significant scarring, mental anguish,
loss of the capacity for the enjoyment of life, expense of hospitalization, medical and nursing care
and treatment, loss of earning, loss of the ability to earn money, and aggravation of previously
existing condition. The losses are either permanent or continuing and Plaintiff, JOSEPH GIFFIN
will suffer the losses in the future.
WHEREFORE, the Plaintiff, JOSEPH GIFFIN, demands judgment for damages against
Defendant, KAREN BAKER, for personal injury including the losses enumerated herein, costs,
interest and for other such relief as may be just and equitable and otherwise deemed proper by
the Court.
DEMAND FOR JURY TRIAL
Plaintiff, JOSEPH GIFFIN, demand a jury trial on all issues so triable of each and every
one of the counts set forth above.
RESPECTFULLY submitted this 4" day of October, 2021.
4s/ Ashley M. Nelson
Ashley M. Nelson, Esquire
FBN: 1018349
Morgan & Morgan, P.A.
20 N. Orange Avenue
Suite 1600
Orlando, FL 32801
Telephone: (407) 867-4823
Facsimile: (407) 452-1632
Primary email: ANelson@forthepeople.com
Secondary email: KOrazi@forthepeople.com
Attorneys for Plaintiff
Preview
Filing # 135828011 E-Filed 10/04/2021 11:58:40 AM IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT IN AND FOR OSCEOLA COUNTY, FLORIDA. JOSEPH GIFFIN, CASE NO: 2021-CA-001411-ON Plaintiff, vs. JOSEPH BAKER, SR. and KATHARINE BAKER, Defendant. / PLAINTIFF’S MOTION FOR LEAVE TO AMEND COMPLAINT AND MOTION FOR EXTENSION OF TIME TO OBTAIN SUBSTITUTE SERVE OF PROCESS UPON DEFENDANT VIA THE SECRETARY OF STATE Plaintiff, GILBERT RODRIGUEZ (“Plaintiff”), by and through the undersigned counsel and pursuant to the Florida Rules of Civil Procedure, move this Court for an extension of time to obtain substitute service upon Defendant, KATHARINE BAKER, via the Secretary of State and state as follows: 1. On May 14, 2021, Plaintiff filed a Complaint against Defendant. 2. On May 24, 2021, the Clerk of this Court issued a summons directed to Defendant. 3. The Plaintiffs’ process server, Professional Investigative Group (‘Process Server”) attempted to serve Defendant at her last known address contained in the Florida Traffic Crash Report documenting the motor vehicle accident that is the subject of this case. 4, The Process Server was unable to serve Defendant at 1358 Kings Highway, Kissimmee, FL 34744, 6. Based on the forgoing, Defendant is a non-resident of Florida or is concealing her whereabouts and has therefore appointed the Secretary of State as her agent for the service of process. § 48.171, Fla. Stat.7. Plaintiffs request additional time go through the process of serving Defendant via the Secretary of State which will require the issuance of an alias summons, delivery of the Summons and Complaint via certified mail to the Secretary of State, obtaining the retum service from the Secretary of State, sending a notice of substitute service to Defendant via certified mail, filing an affidavit of compliance with sections 48.161 and 48.171, Florida Statutes, and filing a copy of Defendant’s return receipt. § 48.161, Fla. Stat. 8. Rule 1.070(j), Florida Rules of Civil Procedure provides: If service of the initial process and initial pleading is not made upon a defendant within 120 days after filing of the initial pleading directed to that defendant the court, on its own initiative after notice or on motion, shall direct that service be effected within a specified time or shall dismiss the action without prejudice or drop that defendant as a party; provided that if the plaintiff shows good cause or excusable neglect for the failure, the court shall extend the time for service for an appropriate period. 9. “Rule 1.070(j) was amended in 1999 in order to broaden the trial court’s discretion to allow an extension of time for service of process “even when good cause has not been shown.” Sly v. McKeithen, 27 So.3d 86, 87 (Fla. 1st DCA 2010) (quoting Carter v. Winn-Dixie Store, Inc., 889 So.2d 960, 961 (Fla. Ist DCA 2004) (quoting Britt v. City of Jacksonville, 874 So.2d 1196, 1197 (Fla. Ist DCA 2004)); Roberts v. Stidham, 19 So.3d 1155, 1157 (Fla. Sth DCA 2009) (“When a plaintiff shows good cause for failure to serve process within 120 days, the trial court must extend the time for service and has no discretion to do otherwise. The trial court has broad discretion to extend the time for service even when good cause for failing to meet the 120~day deadline has not been shown.”). 10. “Even without a motion to extend, dismissal is required only if reasonable cause for the delay in service is not documented. Stidham, 19 So.3d at 1158 (citing Root v. Little, 721 So.2d 836,837 (Fla. Sth DCA 1998).11. Furthermore, Florida has a “‘long-standing policy in favor of resolving civil disputes on the merits,’ and the intent that Rule 1.070(j) serve as ‘a case management tool’ and not as ‘a severe sanction . . .”” Brown v. Ameri Star, Inc., 884 So.2d 1065, 1067 (Fla. 2d DCA 2004) (quoting Chaffin v. Jacobson, 793 So.2d 102, 103-104 (Fla. 2d DCA 2001)). 12. In this case, Plaintiff has a reasonable belief that Defendant is a non-resident or is concealing her whereabouts. Plaintiff is therefore working to obtain substitute service of process upon Defendant via the Secretary of State and is in need of more time to do so. 13. Based on the foregoing, Plaintiff has shown good cause and reason for the delay in perfecting service of process upon Defendant. 14. Plaintiff has attached the Affidavit of Non-Service as Exhibit A. 15. Plaintiff has attached the proposed First Amended Complaint as Exhibit B. WHEREFORE, Plaintiff respectfully requests entry of an order allowing Plaintiff until November 25, 2021, within which to obtain service of process upon Defendant via the Secretary of State. CERTIFICATE OF SERVICE J HEREBY CERTIFY that on October 4, 2021, I electronically filed the foregoing with the Clerk of the Courts by using the Florida Courts eFiling Portal. 4s/ Ashley M. Nelson Ashley M. Nelson, Esquire FBN: 1018349 Morgan & Morgan, P.A. 20 N. Orange Avenue Suite 1600 Orlando, FL 32801 Telephone: (407) 867-4823 Facsimile: (407) 452-1632 Primary email: ANelson@forthepeople.com Secondary email: KOrazi@forthepeople.com Attorneys for PlaintiffFiling # 135747877 E-Filed 10/01/2021 01:21:49 PM VERIFIED: RETURN OF ‘NON-SERVICE State of Florida County-of OSCEOLA. Circuit Court Case Number::2021-CA1411-ON Plaintiff: JOSEPH:GIFFIN VS: Defendant: JAMES BAKER, SR. and:KATHARINE:BAKER For: - ASHLEY... NELSON MORGAN &- MORGAN, P.A. 20:NORTH:ORANGE‘AVENUE SUITE. 1800 . ORLANDO, FL.32802 Received by Professional Investigative. Group: on-the 24th:day of May, 2024-at'9:01: pm to be served.on. KATHARINE, vi . BAKER; 1360:KINGS HWY, KISSIMMEE, Fl 34744, a 1, Michélle Adains, do hereby-affirm-that on: the:23rd day-of ‘September; 2024 at 12:43: pms NON-SERVED the SUMMONS AND COMPLAINT for the reason that | failed to find KATHARINE BAKER and. . ~ the address of 1360 KINGS HWY, KISSIMMEE, FL 34744 or any information to allow further search. Read-the's. ’ comments below for further details: : Additional:Information pertaining to this Service: ; 6/2/2021" 2:00-pm- Attempted service at 1360: KINGS'HWY; KISSIMMEE, FL'.34744; House is-6n a ranch'weneed « a'code for personal gate ora phone number te callhem: to-get.in no-other way house sits back can't See itfrom the gate: 6/23/2021. 7:14.pm . Attempted service.at 1360.KINGS:HWY, KISSIMMEE, FL34744,.no:changes fseryice!not permitted /gated.ranch /no responses «.possibly need:advise.altematives address if.possible 6/28/2021: 4:20-pm. Attempted, service at 1360. KINGS: HWY : KISSIMMEE, FL 34744,-nla: No activity... 7/8/2021 6:42 pni'-Attempied service at'1360: KINGS HWY, KISSIMMEE, :FL 34744, gate closed..No access 7/12/2021 °8:18'am: Attempted:service at 1360:KINGS HWY; KISSIMMEE, FL34744, ‘galed-no accass:"" 7/15/2021 12:42 pm. Attémpled:service at 1360.KINGS HWY, KISSIMMEE;-FL'34744; gated no access. 7/49/2021 7:55 pm. Attenipted'service at 1360. KINGS'HWY. KISSIMMEE, FL.34744, gate closed, No'access~ 7/2412021' 10:02am ‘HER SONJS:ADAN-BAKER AT 4036: PEMBERLY PINES CIR, SAINT CLOUD, FL 34769-1546 (407)°709-2404 8/16/2024 -10:02 am. Alteinpted:sérvice‘at 1360 KINGS HWY, KISSIMMEE, FL'34744, left messages. on... 407-873-3956. There is nothing’stating whose mailbox it-belongs to, 8/26/2021 1:18 pm Attempted service at 1360 KINGS HWY, KISSIMMEE, FL. 34744, {eft another message: on voicemail . ~ EXHIBIT A wiJ certify that'T am over thé.age:of 48, have no interest'in:the. above action, and-am a Certified/SpecialProcess Server, in:good standing, in the judicial circuit in- which the process was-served: (Me Michelle-Adams™ Oscesla. County. CPS#256 Professional investigative-Group. 6151'Lake-Osprey Drive 3rd Floor Sarasota, FL.34240 {877)°733-2296 Our Job Serial Number: PIC-2021002924 Cojyiight 1992-2021 Database Services, nc. -Procegs Satvers TooBox ViliFiling # 126862388 B-Filed 05/14/2021 04:09:25 PM INTHE CIRCUIT: COURT OF THE | NINTH JUDICIAL CIRCUIT INAND-FOR OSCEOLA COUNTY,-FLORIDA JOSEPH GIEFIN, CASENO:. 2.027). CANTON Plaintiff, VS. JAMES BAKER, SR..and KATHARINE BAKER, Defendants. I s AON: ‘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 or Petition, Interrogatories, Request for Production and:Request for Admissions in:the above-styled: cause'upon the Defendant: KATHARINE BAKER 1360 KINGS HWY KISSIMMEE, Fl 34744 Each Defendant is hereby required to serve written defenses to said Complaint or Petition on. ASHLEY .M. NELSON, ESQ, Morgan & Morgan, P.A., 20 North, Orange Avenue; Suite 1600, P.O,.Box:4979, Orlando, Florida 32802-4979, Telephone: (407): 420-1414, 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 atfomcy or immediately-thereafter. If you fail-to do'so, a default will be entered against you for the teli¢fidemanded in the: Complaint or Petition. If you are a person with a-disability-who needs. any: accommiodation;in order to participate in.this proceeding, you.are entitled, at no cost to you, tothe provision of certain assistance, Please contact’ the ADA Coordinator, Human Resources, OSCEOLA - COUNTY COURTHOUSE, 2 COURTHOUSE SQUARE, SUITE 200, KISSIMMEE, FLORIDA ‘34741, (407) 742-2400, at least 7 days before your scheduled court appearance, or immediately upon receivingthis notification if the. time before the scheduled-appearance is less than: 7.days; if you are hearing or voice impaired, cal 711. | th WITNESS my hard -and the seal of this “Court on this’ the a day of Wee » 2021.IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT IN AND FOR OSCEOLA COUNTY, FLORIDA JOSEPH GIFFIN, CASE NO: 2021-CA-001411-ON Plaintiff, vs. KATHARINE BAKER, Defendant. / FIRST AMENDED COMPLAINT COMES NOW Plaintiff, JOSEPH GIFFIN, by and through the undersigned counsel sue Defendant, KATHARINE BAKER, and alleges: 1, This is an action for damages that exceeds the sum of THIRTY THOUSAND DOLLARS ($30,000.00), exclusive of costs, interest and attorneys’ fees (The estimated value of Plaintiff's claim is in excess of the minimum jurisdictional threshold required by this Court). Accordingly, Plaintiff has entered “$30,001” in the civil cover sheet for the “estimated amount of the claim” as required in the preamble to the civil cover sheet for jurisdictional purposes only (the Florida Supreme Court has ordered that the estimated “amount of claim” be set forth in the civil cover sheet for data collection and clerical purposes only). The actual value of Plaintiff's claim will be determined by a fair and just jury in accordance with Article 1, Section 21, Fla. Const. 2. At all times material to this action, Plaintiff, JOSEPH GIFFIN, is a natural person residing in Kissimmee, Osceola County, Florida. 3. At all times material to this action, Defendant, KAREN BAKER, is a natural person residing in Kissimmee, Osceola County, Florida. EXHBIT | B4. At all times material hereto, Defendant, KATHARINE BAKER was the owner and in possession of property located at 1360 Kings Highway, Kissimmee, Osceola County, Florida, said property having livestock, not limited to but including, bulls. 5. At all times material to this action, Defendant, KATHARINE BAKER, is a natural person residing in Osceola County, Florida, that owned, leased or controlled property located at 1360 Kings Highway, Kissimmee, Osceola County, Florida. Plaintiff has unsuccessfully attempted to serve Defendant, KATHARINE BAKER, at the last known address and has separately filed an Affidavit of Diligent Search and Inquiry documenting the unsuccessful efforts made to locate Defendant, KATHARINE BAKER. Upon information and belief, Defendant, KATHARINE BAKER, has become a nonresident or concealing her whereabouts and has therefore appointed the Secretary of State her agent for the service of process. §§ 48.161, and 48.171, Fla. Stat. 6. Venue is proper in Osceola County because the alleged incident occurred in Osceola County. 7. On or about February 23, 2020, Plaintiff, JOSEPH GIFFIN, operated a motor vehicle at or near the intersection of King’s Highway and Neptune Road, Kissimmee, Osceola County, Florida. 8. At that time and place, Plaintiff, JOSEPH GIFFIN, encountered Defendants’, JAMES BAKER, SR. and KATHARINE BAKER bull, unrestricted and unaccompanied, as it travelled into the pathway of his motor vehicle. 9. At said time and place, Plaintiff, JOSEPH GIFFIN’s vehicle struck the unrestricted and unaccompanied bull, and, as a consequence, Plaintiff, JOSEPH GIFFIN, sustained severe bodily injury.10. At said time and place, Plaintiff, JOSEPH GIFFIN was a guest at the retail establishment, lawfully upon the premises of the Defendant, KAREN BAKER, who owed Plaintiff, JOSEPH GIFFIN, a duty to exercise reasonable care for her safety. 11. At said time and place, Defendant, KAREN BAKER, breached its duty owed to Plaintiff, JOSEPH GIFFIN, by committing one or more of the following omissions or commissions: a) Negligently failing to maintain or adequately maintain the fencing of the premises to prevent livestock from straying, thus creating a hazardous condition to members of the public utilizing said adjacent public access road, including the Plaintiff herein, thus creating an unreasonably dangerous condition for Plaintiff; b) Negligently failing to inspect or adequately inspect the fencing surrounding the premises, as specified above, to ascertain whether a break in the fencing constituted a hazard to persons accessing said adjacent public access road, including the Plaintiff herein, thus creating an unreasonably dangerous condition to the Plaintiff; c) Negligently failing to inspect or adequately warn the Plaintiff of the danger of the fencing, when Defendant knew or through the exercise of reasonable care should have known that said fencing was unreasonably dangerous and that Plaintiff was unaware of same; and d) Negligently failing to correct or adequately correct the unreasonably dangerous condition of the fencing on Defendant’s premises, when said condition was either known to Defendant or had existed for a sufficient length of time such that Defendant should have known of same had Defendant exercised reasonable care.12. As a result, while Plaintiff, JOSEPH GIFFIN, was accessing the public road adjacent to the Defendant’s premises, his vehicle struck a bull, sustaining injuries as set forth. 13. Asa direct and proximate result of the negligence of Defendant, KAREN BAKER, Plaintiff, JOSEPH GIFFIN suffered bodily injury in and about her body and extremities, resulting in pain and suffering, disability, disfigurement, permanent and significant scarring, mental anguish, loss of the capacity for the enjoyment of life, expense of hospitalization, medical and nursing care and treatment, loss of earning, loss of the ability to earn money, and aggravation of previously existing condition. The losses are either permanent or continuing and Plaintiff, JOSEPH GIFFIN will suffer the losses in the future. WHEREFORE, the Plaintiff, JOSEPH GIFFIN, demands judgment for damages against Defendant, KAREN BAKER, for personal injury including the losses enumerated herein, costs, interest and for other such relief as may be just and equitable and otherwise deemed proper by the Court. DEMAND FOR JURY TRIAL Plaintiff, JOSEPH GIFFIN, demand a jury trial on all issues so triable of each and every one of the counts set forth above. RESPECTFULLY submitted this 4" day of October, 2021. 4s/ Ashley M. Nelson Ashley M. Nelson, Esquire FBN: 1018349 Morgan & Morgan, P.A. 20 N. Orange Avenue Suite 1600 Orlando, FL 32801 Telephone: (407) 867-4823 Facsimile: (407) 452-1632 Primary email: ANelson@forthepeople.com Secondary email: KOrazi@forthepeople.com Attorneys for Plaintiff