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Filing # 88961735 E-Filed 05/03/2019 01:53:07 PM
IN THE CIRCUIT COURT OF THE NINTH JUDICIAL
CIRCUIT IN AND FOR ORANGE COUNTY, FLORIDA
CASE NO. 2017-CA-004395-O
DIV: 35
BRENTLEY M. HUXTABLE,
PLAINTIFF,
V.
CARLOS E. RESUMIL,
DEFENDANT.
______________________________/
DEFENDANT’S MOTION TO QUASH SERVICE OF PROCESS
COMES NOW, Defendant, CARLOS E. RESUMIL (hereinafter “CARLOS
RESUMIL”), by and through undersigned counsel, hereby enters a special appearance for the
sole purpose of presenting this motion without any voluntary submission to the jurisdiction of
this Court, pursuant to Rules 1.080 and 1.140 of the Florida Rules of Civil Procedure and section
48.194, Florida Statutes, and hereby files this his Motion to Quash Service of Process and, and as
grounds therefore would states as follows:
1. This lawsuit arises from an automobile accident that occurred in Orange County,
Florida on or around October 1, 2016, when the vehicle driven by Plaintiff, BRENTLEY M.
HUXTABLE (hereinafter “BRENTLEY HUXTABLE”) collided with the vehicle driven by
Defendant, CARLOS RESUMIL. Plaintiff alleges personal injuries because of the crash.
2. The Complaint was filed on May 15, 2017, which was almost 2 years ago.
3. Plaintiff acknowledged in his Complaint that Defendant is a foreign national. A
true and correct copy of the Complaint (See attached Exhibit “A”, Complaint).
TC# 17-012438
4. The United States is a party to two multilateral treaties on service of process, the
Hague Service Convention and the Inter-American Convention on Letters Rogatory and
Additional Protocol (Jan. 30, 1975, S Treaty Doc. No. 27, 98th Cong, 2d Sess (1984) (the
Convention)). Many Central and South American nations have not ratified the Hague
Convention. However, many of these nations are signatories to the Inter-American Service
Convention including: United States, Argentina, Brazil, Chile, Columbia, Ecuador, El Salvador,
Guatemala, Mexico, Panama, Paraguay, Peru, Uraguay and Venezuala. See 1438 U.N.T.S. 287,
14 I.L.M. 339 (1975)). The Inter-American Service Convention therefore provides an important
supplement to the Hague Service Convention when U.S. litigation implicates parties located in
Central and South America. In the instant case, Argentina is a member of both treaties.
5. Defendant is a resident of a foreign country, namely Argentina, and service upon
him requires compliance under the Convention of 15 November 1965 on the Service Abroad of
Judicial and Extrajudicial Documents in Civil or Commercial Matters (the “Hague Service
Convention”), 20 U.S.T., 361, T.I.A.S. No. 6638 (1969) because both the United States and
Argentina are signatures to this treaty.
6. Furthermore, Defendant, CARLOS RESUMIL, is a resident of a foreign country,
namely Argentina. Service upon him requires compliance under the Hague Service Convention
because the United States and Argentina are both signatories to this international treaty which
provides the mechanism for service of process of legal documents abroad by a foreign central
authority.
7. The Hague Service Convention and the Inter-American Service Convention have
established uniform procedures for service of process among their signatories. The Inter-
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American Service Convention provides an important supplement to the Hague Convention when
U.S. litigation involves parties located in Central and South America who are not members of the
Hague Convention. Each signatory to the Hague Service Convention and the Inter-American
Service Convention have established a Central Authority for receiving requests for service of
process within their borders, and for making service of process pursuant to those requests. Upon
receipt of a request for service of process, the Central Authority in the destination country will
make service by the method prescribed by local law.
8. On or about April 26, 2019, Plaintiff filed a Notice of filing Affidavit of Service
alleging that Defendant, CARLOS RESUMIL was served with the Complaint on December 10,
2018 (See attached Exhibit “B”, Notice of Filing Affidavit Of Service). It appears that the
Plaintiff, BRENTLEY HUXTABLE attempted to serve Defendant, CARLOS RESUMIL under
the Convention of 15 November 1965 on the Service Abroad of Judicial and Extrajudicial
Documents in Civil or Commercial Matters (the “Hague Service Convention”), 20 U.S.T., 361,
T.I.A.S. No. 6638 (1969).
9. On or about December 18, 2018, the Plaintiff, BRENTLEY HUXTABLE did not
personally or properly effectuate serve of process on Defendant, CARLOS RESUMIL.
10. On or about December 18, 2018, the Plaintiff, BRENTLEY HUXTABLE
attempted to effectuate serve of process on a security guard who was located at a security guard
station in the Escolar Country Club.
11. The security guard station at Escolar Country Club is located approximately 7
blocks from Defendant, CARLOS RESUMIL’s home.
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12. The security guard does not live with Defendant, CARLOS RESUMIL and is not
a designated agent of Defendant, CARLOS RESUMIL.
13. On or about December 18, 2018, Plaintiff, BRENTLEY HUXTABLE did not
properly effectuate service of process on Defendant, CARLOS RESUMIL because the Plaintiff,
BRENTLEY HUXTABLE attempted to serve a security guard in a security guard station, which
was approximately 7 blocks from Defendant, CARLOS RESUMIL’s home. Furthermore, the
security guard does not live with Defendant, CARLOS RESUMIL and is not a designated agent
of Defendant, CARLOS RESUMIL.
WHEREFORE, Defendant, CARLOS RESUMIL, by and through his undesigned counsel
hereby respectfully requests that the Court enter an Order granting Defendant’s Motion to Quash
Service of Process of the Summons, Complaint and any discovery requests purportedly served
upon Defendant for insufficient service and lack of jurisdiction, Ordering Plaintiff to strictly
comply with the service of process requirements prescribed by Florida Rule of Civil Procedure
1.070, Ordering Plaintiff to strictly comply with the requirements of the Hague Service
Convention and the Inter-American Service Convention and require service of process through
the use of Letters Rogatory, which preempt § 48.171, Florida Statutes or, in the alternative,
Ordering Plaintiff to strictly comply with §§ 48.161 and 48.171, Florida Statutes on substituted
service of process, and granting such further relief as this Court deems just and proper.
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CERTIFICATE OF SERVICE
The document contains no confidential or sensitive information or that any such
confidential or sensitive language has been properly protected by complying with the provisions
of Rule 2.420 and 2.425. I HEREBY CERTIFY that a true and correct copy of the foregoing has
been furnished by electronic filing to John Allan Watson, Esquire/ Travis J. McMillen, Esquire,
jwatson@boginmunns.com, storres@boginmunns.com, bmmservice@boginmunns.com, Bogin,
Munns & Munns, P.A., Gateway Center, 1000 Legion Place, Suite 1000, Orlando, FL 32801 on
this 3rd day of May, 2019.
BRYAN S. RESNICK, ESQUIRE
Fla. Bar No. 581658
Law Office of Sonya S. Wesner
200 East Robinson Street, Suite 510
Orlando, FL 32801
Telephone: (407) 393-9100
Direct Dial: (407) 393-9092
Secretary: (407) 393-9410
Paralegal: (407) 393-9097
Fax: (877) 499-6079
Primary E-Mail: ORLMAIL@nationwide.com
Attorneys for Defendant
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Preview
Filing # 88961735 E-Filed 05/03/2019 01:53:07 PM IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT IN AND FOR ORANGE COUNTY, FLORIDA CASE NO. 2017-CA-004395-O DIV: 35 BRENTLEY M. HUXTABLE, PLAINTIFF, V. CARLOS E. RESUMIL, DEFENDANT. ______________________________/ DEFENDANT’S MOTION TO QUASH SERVICE OF PROCESS COMES NOW, Defendant, CARLOS E. RESUMIL (hereinafter “CARLOS RESUMIL”), by and through undersigned counsel, hereby enters a special appearance for the sole purpose of presenting this motion without any voluntary submission to the jurisdiction of this Court, pursuant to Rules 1.080 and 1.140 of the Florida Rules of Civil Procedure and section 48.194, Florida Statutes, and hereby files this his Motion to Quash Service of Process and, and as grounds therefore would states as follows: 1. This lawsuit arises from an automobile accident that occurred in Orange County, Florida on or around October 1, 2016, when the vehicle driven by Plaintiff, BRENTLEY M. HUXTABLE (hereinafter “BRENTLEY HUXTABLE”) collided with the vehicle driven by Defendant, CARLOS RESUMIL. Plaintiff alleges personal injuries because of the crash. 2. The Complaint was filed on May 15, 2017, which was almost 2 years ago. 3. Plaintiff acknowledged in his Complaint that Defendant is a foreign national. A true and correct copy of the Complaint (See attached Exhibit “A”, Complaint). TC# 17-012438 4. The United States is a party to two multilateral treaties on service of process, the Hague Service Convention and the Inter-American Convention on Letters Rogatory and Additional Protocol (Jan. 30, 1975, S Treaty Doc. No. 27, 98th Cong, 2d Sess (1984) (the Convention)). Many Central and South American nations have not ratified the Hague Convention. However, many of these nations are signatories to the Inter-American Service Convention including: United States, Argentina, Brazil, Chile, Columbia, Ecuador, El Salvador, Guatemala, Mexico, Panama, Paraguay, Peru, Uraguay and Venezuala. See 1438 U.N.T.S. 287, 14 I.L.M. 339 (1975)). The Inter-American Service Convention therefore provides an important supplement to the Hague Service Convention when U.S. litigation implicates parties located in Central and South America. In the instant case, Argentina is a member of both treaties. 5. Defendant is a resident of a foreign country, namely Argentina, and service upon him requires compliance under the Convention of 15 November 1965 on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters (the “Hague Service Convention”), 20 U.S.T., 361, T.I.A.S. No. 6638 (1969) because both the United States and Argentina are signatures to this treaty. 6. Furthermore, Defendant, CARLOS RESUMIL, is a resident of a foreign country, namely Argentina. Service upon him requires compliance under the Hague Service Convention because the United States and Argentina are both signatories to this international treaty which provides the mechanism for service of process of legal documents abroad by a foreign central authority. 7. The Hague Service Convention and the Inter-American Service Convention have established uniform procedures for service of process among their signatories. The Inter- 2 American Service Convention provides an important supplement to the Hague Convention when U.S. litigation involves parties located in Central and South America who are not members of the Hague Convention. Each signatory to the Hague Service Convention and the Inter-American Service Convention have established a Central Authority for receiving requests for service of process within their borders, and for making service of process pursuant to those requests. Upon receipt of a request for service of process, the Central Authority in the destination country will make service by the method prescribed by local law. 8. On or about April 26, 2019, Plaintiff filed a Notice of filing Affidavit of Service alleging that Defendant, CARLOS RESUMIL was served with the Complaint on December 10, 2018 (See attached Exhibit “B”, Notice of Filing Affidavit Of Service). It appears that the Plaintiff, BRENTLEY HUXTABLE attempted to serve Defendant, CARLOS RESUMIL under the Convention of 15 November 1965 on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters (the “Hague Service Convention”), 20 U.S.T., 361, T.I.A.S. No. 6638 (1969). 9. On or about December 18, 2018, the Plaintiff, BRENTLEY HUXTABLE did not personally or properly effectuate serve of process on Defendant, CARLOS RESUMIL. 10. On or about December 18, 2018, the Plaintiff, BRENTLEY HUXTABLE attempted to effectuate serve of process on a security guard who was located at a security guard station in the Escolar Country Club. 11. The security guard station at Escolar Country Club is located approximately 7 blocks from Defendant, CARLOS RESUMIL’s home. 3 12. The security guard does not live with Defendant, CARLOS RESUMIL and is not a designated agent of Defendant, CARLOS RESUMIL. 13. On or about December 18, 2018, Plaintiff, BRENTLEY HUXTABLE did not properly effectuate service of process on Defendant, CARLOS RESUMIL because the Plaintiff, BRENTLEY HUXTABLE attempted to serve a security guard in a security guard station, which was approximately 7 blocks from Defendant, CARLOS RESUMIL’s home. Furthermore, the security guard does not live with Defendant, CARLOS RESUMIL and is not a designated agent of Defendant, CARLOS RESUMIL. WHEREFORE, Defendant, CARLOS RESUMIL, by and through his undesigned counsel hereby respectfully requests that the Court enter an Order granting Defendant’s Motion to Quash Service of Process of the Summons, Complaint and any discovery requests purportedly served upon Defendant for insufficient service and lack of jurisdiction, Ordering Plaintiff to strictly comply with the service of process requirements prescribed by Florida Rule of Civil Procedure 1.070, Ordering Plaintiff to strictly comply with the requirements of the Hague Service Convention and the Inter-American Service Convention and require service of process through the use of Letters Rogatory, which preempt § 48.171, Florida Statutes or, in the alternative, Ordering Plaintiff to strictly comply with §§ 48.161 and 48.171, Florida Statutes on substituted service of process, and granting such further relief as this Court deems just and proper. 4 CERTIFICATE OF SERVICE The document contains no confidential or sensitive information or that any such confidential or sensitive language has been properly protected by complying with the provisions of Rule 2.420 and 2.425. I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by electronic filing to John Allan Watson, Esquire/ Travis J. McMillen, Esquire, jwatson@boginmunns.com, storres@boginmunns.com, bmmservice@boginmunns.com, Bogin, Munns & Munns, P.A., Gateway Center, 1000 Legion Place, Suite 1000, Orlando, FL 32801 on this 3rd day of May, 2019. BRYAN S. RESNICK, ESQUIRE Fla. Bar No. 581658 Law Office of Sonya S. Wesner 200 East Robinson Street, Suite 510 Orlando, FL 32801 Telephone: (407) 393-9100 Direct Dial: (407) 393-9092 Secretary: (407) 393-9410 Paralegal: (407) 393-9097 Fax: (877) 499-6079 Primary E-Mail: ORLMAIL@nationwide.com Attorneys for Defendant 5