On May 15, 2017 a
Motion,Ex Parte
was filed
involving a dispute between
Brentley M Huxtable,
and
Carlos E Resumil,
for CA - Auto Negligence
in the District Court of Orange County.
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Filing # 86944133 E-Filed 03/26/2019 09:22:54 AM
IN THE CIRCUIT COURT OF THE
NINTH JUDICIAL CIRCUIT, IN AND FOR
ORANGE COUNTY, FLORIDA
CIVIL DIVISION
BRENTLEY M. HUXTABLE,
Case No.: 2017-CA-004395-O
Plaintiff,
vs.
CARLOS E. RESUMIL,
Defendant.
THIRD RENEWED MOTION FOR EXTENSION OF TIME TO SERVE
PROCESS AND PLEADINGS
Plaintiff, BRENTLEY M. HUXTABLE, by and through undersigned counsel,
hereby files this Third Renewed Motion for Extension of Time to Serve Process and
Pleadings and in support thereof would state as follows:
1. On or about May 15, 2017, Plaintiff filed a cause of action against,
CARLOS E. RESUMIL, arising out of an accident that occurred on October 1,
2016.
2. This Court issued an Order on October 1, 2018 granting Defendant’s Motion
to Quash and permitting the Plaintiff an additional 120 days (i.e. 3/26/19) to serve the
Defendant in Argentina.
3. Plaintiff’s counsel has been in contact with their international process server
APS International and they have provided the following information:
“Documents were submitted to the Argentine Central Authority (Ministry of
Foreign Affairs and worship on 9-11-18 for service pursuant to the Hague Convention
and APS has confirmation of delivery to the Central Authority on 9-13-18. Service in
Argentina usually takes 6-12 months, or longer, and is entirely in the hands of the foreign
government. Proper service in Argentina must be effected in accordance with this
international treaty.
Page 1 of 2
Additionally, follow-up letters have been sent to Argentina via FedEx on
1/25/2019 and on 3/8/2019, without any response to date. The Central Authority
doesn’t provide updates and is not required to provide status under the convention. We
won’t know that service has been perfected until we receive the proof of service in the
mail from the Argentine Central Authority.”
4. Defendant’s insurer and counsel refuse to accept service on behalf of their
insured.
WHEREFORE, for the reasons stated forth above, Plaintiff, BRENTLEY M.
HUXTABLE, respectfully requests this Court extend the time in which to serve process and
pleadings until October 1, 2019 and such other and further relief as this Court deems just
and appropriate.
CERTIFICATE OF SERVICE
I hereby certify that on March 26, 2019, I electronically filed the foregoing with the
Clerk of the Courts by using the Florida Courts E-Filing Portal CF system to Bryan Resnick,
Esq., Law Offices of Julie B. Karron, 200 East Robinson Street, Suite 510, Orlando, FL
32801; ORLMAIL@nationwide.com
/s/ John A. Watson
____________________________________
John Allan Watson, Esquire
Florida Bar Number 92596
Travis J. McMillen, Esquire
Florida Bar Number 0185655
BOGIN, MUNNS & MUNNS, P.A.
Gateway Center
1000 Legion Place
Suite 1000
Orlando, Florida 32801
Tel: 407-578-9696
Fax: 407-578-9606
Primary: jwatson@boginmunns.com
Secondary: storres@boginmunns.com
bmmservice@boginmunns.com
Attorneys for Plaintiff
Page 2 of 2
Document Filed Date
March 26, 2019
Case Filing Date
May 15, 2017
Category
CA - Auto Negligence
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Filing # 86944133 E-Filed 03/26/2019 09:22:54 AM IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT, IN AND FOR ORANGE COUNTY, FLORIDA CIVIL DIVISION BRENTLEY M. HUXTABLE, Case No.: 2017-CA-004395-O Plaintiff, vs. CARLOS E. RESUMIL, Defendant. THIRD RENEWED MOTION FOR EXTENSION OF TIME TO SERVE PROCESS AND PLEADINGS Plaintiff, BRENTLEY M. HUXTABLE, by and through undersigned counsel, hereby files this Third Renewed Motion for Extension of Time to Serve Process and Pleadings and in support thereof would state as follows: 1. On or about May 15, 2017, Plaintiff filed a cause of action against, CARLOS E. RESUMIL, arising out of an accident that occurred on October 1, 2016. 2. This Court issued an Order on October 1, 2018 granting Defendant’s Motion to Quash and permitting the Plaintiff an additional 120 days (i.e. 3/26/19) to serve the Defendant in Argentina. 3. Plaintiff’s counsel has been in contact with their international process server APS International and they have provided the following information: “Documents were submitted to the Argentine Central Authority (Ministry of Foreign Affairs and worship on 9-11-18 for service pursuant to the Hague Convention and APS has confirmation of delivery to the Central Authority on 9-13-18. Service in Argentina usually takes 6-12 months, or longer, and is entirely in the hands of the foreign government. Proper service in Argentina must be effected in accordance with this international treaty. Page 1 of 2 Additionally, follow-up letters have been sent to Argentina via FedEx on 1/25/2019 and on 3/8/2019, without any response to date. The Central Authority doesn’t provide updates and is not required to provide status under the convention. We won’t know that service has been perfected until we receive the proof of service in the mail from the Argentine Central Authority.” 4. Defendant’s insurer and counsel refuse to accept service on behalf of their insured. WHEREFORE, for the reasons stated forth above, Plaintiff, BRENTLEY M. HUXTABLE, respectfully requests this Court extend the time in which to serve process and pleadings until October 1, 2019 and such other and further relief as this Court deems just and appropriate. CERTIFICATE OF SERVICE I hereby certify that on March 26, 2019, I electronically filed the foregoing with the Clerk of the Courts by using the Florida Courts E-Filing Portal CF system to Bryan Resnick, Esq., Law Offices of Julie B. Karron, 200 East Robinson Street, Suite 510, Orlando, FL 32801; ORLMAIL@nationwide.com /s/ John A. Watson ____________________________________ John Allan Watson, Esquire Florida Bar Number 92596 Travis J. McMillen, Esquire Florida Bar Number 0185655 BOGIN, MUNNS & MUNNS, P.A. Gateway Center 1000 Legion Place Suite 1000 Orlando, Florida 32801 Tel: 407-578-9696 Fax: 407-578-9606 Primary: jwatson@boginmunns.com Secondary: storres@boginmunns.com bmmservice@boginmunns.com Attorneys for Plaintiff Page 2 of 2