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Filing # 125592918 E-Filed 04/26/2021 01:40:04 PM
IN THE CIRCUIT COURT, OF THE
NINTH JUDICIAL CIRCUIT IN AND
FOR ORANGE COUNTY, FLORIDA
CASE NO.: 2017-CA-007333-O
SAFEMARK SYSTEMS, L.P.,
Plaintiff,
vs.
MOHANVHAI PATEL, as CO-TRUSTEE
OF THE JALARAM VANI REALTY TRUST,
d/b/a AMBASSADOR INN & SUITES;
GUNVANTRIA §S. PATEL, as CO-TRUSTEE
OF THE JALARAM VANI REALTY TRUST,
d/b/a AMBASSADOR INN & SUITES; and
PIYUSH PATEL, a/k/a PETER PATEL,
individually, d/b/a AMBASSADOR
INN & SUITES,
Defendants.
MOTION FOR EXTENSION OF TIME FOR SERVICE OF PROCESS
COMES NOW, Plaintiff, SAFEMARK SYSTEMS, L.P. (hereafter, “Safemark”) by and
through its undersigned counsel and pursuant to Fla.R.Civ.P. 1.070 and 1,090 and moves for additional
time in which to serve Defendants, MOHANVHAI PATEL, as CO-TRUSTEE OF THE JALARA
M
VANI REALTY TRUST, d/b/a AMBASSADOR INN & SUITES; GUNVANTRIA S. PATEL, as
CO-
TRUSTEE OF THE JALARAM VANI REALTY TRUST, d/b/a AMBASSADOR INN & SUITES.
In support of the motion, Safemark states:
1 On or about August 11, 2017, Safemark brought suit against Defendants for breach of'a
lease agreement for in-room safes.
2. On or about June 23, 2020 service of process was perfected on Co-Defendant, Piyush
Patel, a/k/a Peter Patel.
3 On April 23, 2021, the court heard argument on Defendants’ amended motion to dismiss
and indicated there was no pending motion for an extension of time in which to serve Co-Defendants,
MOHANVHAI PATEL, as CO-TRUSTEE OF THE JALARAM VANI REALTY TRUST, d/b/a
AMBASSADOR INN & SUITES; GUNVANTRIA 8S. PATEL, as CO-TRUSTEE OF THE
JALARAM VANI REALTY TRUST, d/b/a AMBASSADOR INN & SUITES, who have yet to be
served in the matter.
4 Safemark had not motioned the court to extend the time for service of process on
Defendants, MOHANVHAI PATEL, as CO-TRUSTEE OF THE JALARAM VANI REALTY
TRUST, d/b/a AMBASSADOR INN & SUITES; GUNVANTRIA S. PATEL, as CO-TRUSTEE OF
THE JALARAM VANI REALTY TRUST, d/b/a AMBASSADOR INN & SUITES, prior to the
hearing on April 23, 2021 because Defendants’ Amended Motion to Dismiss was outstanding and
Safemark had set forth a request to extend the time for service in its response to the Amended Motion
to Dismiss.
5 Safemark believes they have a viable address for service on the Defendants.
6 Safemark has pled in their complaint that the lease agreement was breached in
September 2015 and if additional time for service on Defendants is not granted, the statute of limitations
has run and Safemark would be forever precluded from pursuing its claim.
7 Florida courts have taken the view that when a limitations period has run and service of
process has not been perfected as of the date of the hearing on the motion to dismiss, a trial court abuses
its discretion not extending the time for service instead of dismissing the complaint. See, Roberts v.
Stidham. , 19 So.3d 1155 (Fla. 5" DCA 2009); Henderson v. Johnson, 97 $o.3d 946 (Fla. 1" DCA 2012);
Fernandez v. Cohn, 54 So.3d 1040 (Fla. 3d DCA 2011); Miranda v. Young, 19 So.3d 1100 (Fla. 24
DCA 2009).
8 Even in the absence of a showing of good cause, a court still has discretion
to extend the
time for service when a dismissal precludes the refiling due to the running
of the statute of limitations,
Carte: rv. Winn-Dixie Store, Inc., 889 So.2d 960 (Fla. 1* DCA 2004).
9 Based on the foregoing, Safemark requests this Court use its discretion
to grant an
extension of time for service of process on Defendants, MOHANVHA
I PATEL, as CO-TRUSTEE OF
THE JALARAM VANI REALTY TRUST, d/b/a AMBASSADOR INN
& SUITES; GUNVANTRIA
S. PATEL, as CO-TRUSTEE OF THE JALARAM VANI REALTY
TRUST, d/b/a AMBASSADOR
INN & SUITES.
WHEREFORE, Plaintiff, Safemark Systems, L-P., respectfully requests this Court grant
its
Motion to Extend the Time for Service of Process on Defendants,
MOHANVHAI PATEL, as CO-
TRUSTEE OF THE JALARAM VANI REALTY TRUST, d/b/a AMBA
SSADOR INN & SUITES;
GUNVANTRIA S. PATEL, as CO-TRUSTEE OF THE JALARAM
VANI REALTY TRUST, d/b/a
AMBASSADOR INN & SUITES and afford Safemark an additional one
hundred and twenty (120)
days in which to perfect service of process.
FOSTER & KLIN BEIL, PA.
TOMP.
Tfoster@
Fla.
fang OSTER
com
No. 807335
WAYNE E. KLINKBEIL
wayne@flkpa.com
Fla. Bar No. 0040037
Attorneys for Plaintiff
P.O. Box 3108
Orlando, FL 32802-3108
(407) 422-1966
(407) 422-5938 Facsimile
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished
via
Electronic Mail to counsel for Defendants, JAMES P. SAWRAN, Esquire; jsawran@mscesq.com
and
IAN P. SINGER, Esquire; isinger@mscesg.com, SEGAL, McCAMBRIDGE, SINGER &
MAHONEY, LTD, this 26" day of April, 2021.
FOSTBR & KLINKBEIL, PA.
Lh
TOM
LF
EOSTER
Tfost¢ kpa.com
Fila. BarNo.| 07335
WAYNE E. KLINKBEIL
Wayne! @flkpa.com
Fla. Bar No. 0040037
Attorneys for Plaintiff
P.O. Box 3108
Orlando, FL 32802-3108
(407) 422-1966
(407) 422-5938 Facsimile
Preview
Filing # 125592918 E-Filed 04/26/2021 01:40:04 PM IN THE CIRCUIT COURT, OF THE NINTH JUDICIAL CIRCUIT IN AND FOR ORANGE COUNTY, FLORIDA CASE NO.: 2017-CA-007333-O SAFEMARK SYSTEMS, L.P., Plaintiff, vs. MOHANVHAI PATEL, as CO-TRUSTEE OF THE JALARAM VANI REALTY TRUST, d/b/a AMBASSADOR INN & SUITES; GUNVANTRIA §S. PATEL, as CO-TRUSTEE OF THE JALARAM VANI REALTY TRUST, d/b/a AMBASSADOR INN & SUITES; and PIYUSH PATEL, a/k/a PETER PATEL, individually, d/b/a AMBASSADOR INN & SUITES, Defendants. MOTION FOR EXTENSION OF TIME FOR SERVICE OF PROCESS COMES NOW, Plaintiff, SAFEMARK SYSTEMS, L.P. (hereafter, “Safemark”) by and through its undersigned counsel and pursuant to Fla.R.Civ.P. 1.070 and 1,090 and moves for additional time in which to serve Defendants, MOHANVHAI PATEL, as CO-TRUSTEE OF THE JALARA M VANI REALTY TRUST, d/b/a AMBASSADOR INN & SUITES; GUNVANTRIA S. PATEL, as CO- TRUSTEE OF THE JALARAM VANI REALTY TRUST, d/b/a AMBASSADOR INN & SUITES. In support of the motion, Safemark states: 1 On or about August 11, 2017, Safemark brought suit against Defendants for breach of'a lease agreement for in-room safes. 2. On or about June 23, 2020 service of process was perfected on Co-Defendant, Piyush Patel, a/k/a Peter Patel. 3 On April 23, 2021, the court heard argument on Defendants’ amended motion to dismiss and indicated there was no pending motion for an extension of time in which to serve Co-Defendants, MOHANVHAI PATEL, as CO-TRUSTEE OF THE JALARAM VANI REALTY TRUST, d/b/a AMBASSADOR INN & SUITES; GUNVANTRIA 8S. PATEL, as CO-TRUSTEE OF THE JALARAM VANI REALTY TRUST, d/b/a AMBASSADOR INN & SUITES, who have yet to be served in the matter. 4 Safemark had not motioned the court to extend the time for service of process on Defendants, MOHANVHAI PATEL, as CO-TRUSTEE OF THE JALARAM VANI REALTY TRUST, d/b/a AMBASSADOR INN & SUITES; GUNVANTRIA S. PATEL, as CO-TRUSTEE OF THE JALARAM VANI REALTY TRUST, d/b/a AMBASSADOR INN & SUITES, prior to the hearing on April 23, 2021 because Defendants’ Amended Motion to Dismiss was outstanding and Safemark had set forth a request to extend the time for service in its response to the Amended Motion to Dismiss. 5 Safemark believes they have a viable address for service on the Defendants. 6 Safemark has pled in their complaint that the lease agreement was breached in September 2015 and if additional time for service on Defendants is not granted, the statute of limitations has run and Safemark would be forever precluded from pursuing its claim. 7 Florida courts have taken the view that when a limitations period has run and service of process has not been perfected as of the date of the hearing on the motion to dismiss, a trial court abuses its discretion not extending the time for service instead of dismissing the complaint. See, Roberts v. Stidham. , 19 So.3d 1155 (Fla. 5" DCA 2009); Henderson v. Johnson, 97 $o.3d 946 (Fla. 1" DCA 2012); Fernandez v. Cohn, 54 So.3d 1040 (Fla. 3d DCA 2011); Miranda v. Young, 19 So.3d 1100 (Fla. 24 DCA 2009). 8 Even in the absence of a showing of good cause, a court still has discretion to extend the time for service when a dismissal precludes the refiling due to the running of the statute of limitations, Carte: rv. Winn-Dixie Store, Inc., 889 So.2d 960 (Fla. 1* DCA 2004). 9 Based on the foregoing, Safemark requests this Court use its discretion to grant an extension of time for service of process on Defendants, MOHANVHA I PATEL, as CO-TRUSTEE OF THE JALARAM VANI REALTY TRUST, d/b/a AMBASSADOR INN & SUITES; GUNVANTRIA S. PATEL, as CO-TRUSTEE OF THE JALARAM VANI REALTY TRUST, d/b/a AMBASSADOR INN & SUITES. WHEREFORE, Plaintiff, Safemark Systems, L-P., respectfully requests this Court grant its Motion to Extend the Time for Service of Process on Defendants, MOHANVHAI PATEL, as CO- TRUSTEE OF THE JALARAM VANI REALTY TRUST, d/b/a AMBA SSADOR INN & SUITES; GUNVANTRIA S. PATEL, as CO-TRUSTEE OF THE JALARAM VANI REALTY TRUST, d/b/a AMBASSADOR INN & SUITES and afford Safemark an additional one hundred and twenty (120) days in which to perfect service of process. FOSTER & KLIN BEIL, PA. TOMP. Tfoster@ Fla. fang OSTER com No. 807335 WAYNE E. KLINKBEIL wayne@flkpa.com Fla. Bar No. 0040037 Attorneys for Plaintiff P.O. Box 3108 Orlando, FL 32802-3108 (407) 422-1966 (407) 422-5938 Facsimile CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished via Electronic Mail to counsel for Defendants, JAMES P. SAWRAN, Esquire; jsawran@mscesq.com and IAN P. SINGER, Esquire; isinger@mscesg.com, SEGAL, McCAMBRIDGE, SINGER & MAHONEY, LTD, this 26" day of April, 2021. FOSTBR & KLINKBEIL, PA. Lh TOM LF EOSTER Tfost¢ kpa.com Fila. BarNo.| 07335 WAYNE E. KLINKBEIL Wayne! @flkpa.com Fla. Bar No. 0040037 Attorneys for Plaintiff P.O. Box 3108 Orlando, FL 32802-3108 (407) 422-1966 (407) 422-5938 Facsimile