Preview
Filing #62025954 E-Filed 09/26/2017 04:15:17 PM
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.
MOTION FOR RECONSIDERATION ON THE COURT’S
ORDER OF DISMISSAL
COMES NOW, Plaintiff, BRENTLEY M. HUXTABLE, by and through undersigned
counsel and hereby moves this Honorable Court to uphold the previously filed Motion and Order granting
an extension of 240 days for service and strike this Court’s Order of Dismissal executed on September 26,
2017 and as grounds would state as follows:
) The Plaintiff, BRENTLEY M. HUXTABLE, was involved in a motor
vehicle accident that occurred on October 1, 2016 which necessitated surgery.
2) A Complaint in this cause was filed with the Court on May 25, 2017
in connection with said motor vehicle accident and which is the subject of this litigation (See Exhibit “A”
attached hereto and made a part hereof).
3) At the time of filing, it became apparent, that the Defendant in
this cause was a resident of Argentina and the Plaintiff would have to follow different procedures to get
the Defendant served in a foreign country. Realizing same, a Motion to Appoint Process Server and a
Motion for Extension of Time to Serve Process and Pleadings was also filed with the Court on May 15,
2017 (See “Exhibit B” attached hereto and a made a part hereof).
4) Both of the Orders, in particular, the Order on Plaintiff's Motion
for Extension of Time to Serve Process and Pleadings was executed by the Court on or about May 26,
2017 (See Exhibit “C” attached hereto and made a part hereof).
5) From the onset, Plaintiff's counsel has been working with the appointed
international server, in order to follow the required protocol to have the Defendant served in Italy. This
requires, including but not limited to, getting all the documents translated filed and
approved by the foreign entity and follow any other requirements this foreign entity may have to have the
Defendant served through the Hague Convention. This is a lengthy process and Plaintiff's counsel is
doing everything possible to get this accomplished as quickly as possible.
Page 1 of 2
6) Knowing all of the above beforehand, and anticipating delays, the Plaintiff
requested in its extension Order that the Court grant an “additional 120 days from the already allotted 120
days provided by Rule 1.0700(j), Fla.R.Civ.P. within which to effectuate international service on the
Defendant”. This request was granted by the Court. It was the Plaintiff's understanding that, in essence,
it would have 240 within which to serve the Defendant (i.e. until January 26, 2018).
7) Plaintiff's counsel has recently been advised by APS International (the
International process server approved by the Court), that it may take up to and including an additional 12
— 18 weeks from today within which to properly serve the Defendant; if the Defendant is still residing at
the address on the police report and if there are no additional delays. Plaintiff would like to remind the
Court that this accident took place over | year ago and Plaintiff's counsel is not even sure if the
Defendant is still residing at the last known address which may, in turn, incur more time in order to
locate the Defendant.
8) On or about September 26, 2017, Plaintiff's counsel was surprised to
receive the Court’s Final Order of Dismissal dismissing, with prejudice the above-captioned cause. (See
Exhibit “D” attached hereto and made a part hereof). Plaintiffs counsel believes that this Order is in
conflict with the Order entered by the Court on May 26, 2017 wherein the Court gave Plaintiff's counsel
up and until January 26, 2018, to serve the Defendant (i.e. 240 days from the date of the Order).
9) Plaintiff's counsel reassures that Court that this Motion is not made for the
purposes of delay; however, the dismissal of this action would severely prejudice the Plaintiff's claim.
WHEREFORE, for the reasons stated forth above, Plaintiff would respectfully request
that this Court strike its Final Order of Dismissal entered on or about September 26, 2017 and would
request that the Court uphold the previously entered Order dated May 26, 2017 granting a 240 day
extension until which to serve the Defendant.
11311 Jovr Wotsow
Dated: September 26, 2017
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: 407-241-3800
Primary: —jwatson @boginmunns. com
Secondary: bogil m,
bn @bi gin
r Plaintiff
Page 2 of 2
Filing # 56452049 E-Filed 05/15/2017 04:29:29 PM
IN THE CIRCUIT COURT OF THE
NINTH JUDICIAL CIRCUIT, IN AND
FOR ORANGE COUNTY, FLORIDA
CIVIL DIVISION
BRENTLEY M. HUXTABLE,
Case No.
Plaintiff,
vs.
CARLOS E. RESUMIL,
Defendant.
COMPLAINT
COMES NOW the Plaintiff, BRENTLEY M. HUXTABLE, by and through
undersigned counsel and sues Defendant, CARLOS E. RESUMIL, and says:
1 This is an action for damages in excess of Fifteen Thousand Dollars ($15,000.00).
2. At all times material to this action, Plaintiff, BRENTLEY M. HUXTABLE, was a
natural person residing in Orlando, Orange County, Florida.
3. At all times material to this action, Defendant, CARLOS E. RESUMIL, was a
natural person residing in Belen de Escobar in Buenos Aires, Argentina.
4. Venue is proper in Orange County, Florida pursuant to Florida Statute Section
47.011.
5. The event, a motor vehicle accident, which gives rise to this action occurred in
Orlando, Orange County, Florida.
6. On or about October 1, 2016, Plaintiff, BRENTLEY M. HUXTABLE, was
operating a motor vehicle on Universal Boulevard and Hollywood Way in Orlando, Orange
County, Florida.
Page 1 of 3
EXHIBIT "A"
7. At said time and place, the Defendant, CARLOS E. RESUMIL, operated a motor
vehicle owned and maintained by Sixt Rent a Car., a foreign Limited Liability Corporation doing
business in Florida, at or near the crash location which collided with Plaintiff's motor vehicle.
8. At said time and place Defendant, CARLOS E. RESUMIL, negligently operated
said motor vehicle so that it collided with the Plaintiff, BRENTLEY M. HUXTABLE?’s, vehicle
being driven by Plaintiff.
9. All necessary conditions precedent to the commencement of this action have been
either satisfied or waived.
CLAIM OF BRENTLEY M. HUXTABLE AGAINST CARLOS E. RESUMIL
10. Plaintiff, BRENTLEY M. HUXTABLE, realleges and incorporates by reference
paragraphs 1-9 as fully set forth herein.
11. Defendant, CARLOS E. RESUMIL, was negligent by operating said motor vehicle
in a negligent and careless manner so as to cause it to collide with a vehicle then and there
operated by Plaintiff, BRENTLEY M. HUXTABLE.
12, As a direct and proximate result of the said negligent operation of the
said motor vehicle by Defendant, CARLOS E. RESUMIL; the Plaintiff, BRENTLEY M.
HUXTABLE, has suffered bodily injury, and resulting pain and suffering, disability,
disfigurement, mental anguish and pain, loss of earnings, loss of ability to earn money and
aggravation of a previously existing condition and has incurred substantial medical expenses for
treatment and care, past, present and future. Said losses, injuries and expenses are either
permanent or continuing in nature and Plaintiff, BRENTLEY M. HUXTABLE will continue to
suffer same in the future. Further, said Plaintiff, was caused to suffer damages to his automobile.
WHEREFORE, Plaintiff, BRENTLEY M. HUXTABLE, demands judgment for damages
against Defendant, CARLOS E. RESUMIL and such other relief as this Court deems just and
proper.
Page 2 of 3
DEMAND FOR JURY TRIAL
Plaintiff, BRENTLEY M. HUXTABLE, hereby respectfully requests this Court allow a
jury trial on all issues so triable.
Dated this 15" day of May, 2017.
11 John Wotsow
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: 407-241-3800
Primary: @ bogi
Secondary: @bogin!
bmmservice@boginmunns.com
Attorneys for Plaintiff
Page 3 of 3
Filing # 56452049 E-Filed 05/15/2017 04:29:29 PM
IN THE CIRCUIT COURT OF THE
NINTH JUDICIAL CIRCUIT, IN AND
FOR ORANGE COUNTY, FLORIDA.
CIVIL DIVISION
BRENTLEY M. HUXTABLE,
Case No.:
Plaintiff,
vs.
CARLOS E. RESUMIL,
Defendant.
MOTION TO APPOINT SPECIAL PROCESS SERVER
Plaintiff, BRENTLEY M. HUXTABLE, pursuant of rule 1,070, Florida Rules of Civil
Procedure, as made applicable herein, moves this Honorable Court to constitute and appoint: APS
International, Ltd., whose principle address is 7800 Glenroy Road, Minneapolis, MN 55439 to serve
process in the above cause. Plaintiff would respectfully show that said APS International, Ltd. is
over the age of twenty-one (21) years and is competent and a disinterested party to this action.
11311 Jovr Wotsow
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: 407-241-3800
Primary: ijwatson@boginmunt n.
Secondary: storres@boginmunns.
bmmservice@boginmunns.com
Attorneys for Plaintiff
Page 1 of 1
EXHIBIT "B"
Filing # 57616369 E-Filed 06/12/2017 12:55:19 PM
IN THE CIRCUIT COURT OF THE
NINTH JUDICIAL CIRCUIT, IN AND
FOR ORANGE COUNTY, FLORIDA
CIVIL DIVISION
ee
BRENTLEY M. HUXTABLE,
Case No.: 2017-CA-004395-O
Plaintiff,
VS.
CARLOS E. RESUMIL,
Defendant.
ORDER TO APPOINT SPECIAL PROCESS SERVICE
THIS CAUSE coming on to be heard ex parte upon application of, Plaintiffs Motion to
Appoint Special Process Service and the Court being otherwise further and fully advised in the
premises, it is thereupon:
ORDERED AND ADJUDGED that APS International, Ltd., including its designated
agents, is appointed and authorized to effect international service of process on the Defendant,
CARLOS RESUMIL in Argentina. Service shall be effectuated according to any
internationally agreed means, the laws of the foreign country, or as directed by the foreign
authority or the originating court if not otherwise prohibited by international agreement or the
laws of the foreign country, and in a manner reasonably calculated to give notice.
DONE and ORDERED in Chambers at Orange County, Florida this {2 day of
¢ [Ue » 2017.
IEATHER L. HIG SE
CIRCUIT COURT JUDGE
ce: John Allan Watson, Esquire
Page 1 of 1
EXHIBIT "B"
Filing # 56452049 E-Filed 05/15/2017 04:29:29 PM
IN THE CIRCUIT COURT OF THE
NINTH JUDICIAL CIRCUIT, IN AND
FOR ORANGE COUNTY, FLORIDA
CIVIL DIVISION
BRENTLEY M. HUXTABLE,
Case No.:
Plaintiff,
vs.
CARLOS E. RESUMIL,
Defendant.
MOTION FOR EXTENSION OF TIME TO SERVE
PROCESS AND PLEADINGS
Plaintiff, BRENTLEY M. HUXTABLE, by and through undersigned counsel,
hereby files this 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 Pursuant to Rule 1.0700 (j), Fla.R.Civ.P., initial process and pleadings must
be served upon the Defendant within 120 days of filing the initial Complaint, absent good
cause shown by the Plaintiff.
3 The Defendant was a resident of Argentina and was a tourist in the United States
at the time of the incident which is the cause of this action. The Plaintiff is attempting to
determine the proper procedures for effectuation of service in Argentina and to determine the
whereabouts of the Defendant and anticipates that more time will be needed due to the
international service of this Defendant.
Page 1 of2
EXHIBIT "B"
4 Due to the foregoing, Plaintiff perceives that additional time will be required to
determine and perfect service of process on Defendant in accordance with international law.
5 Accordingly, out of an abundance of caution, Plaintiff requests the time within
which to serve the initial process and pleadings be extended an additional 120 days from the
already allotted 120 days afforded by Rule 1.0700 (j), Fla.R.Civ.P. This request is not made to
create delay, but to further the administration of justice.
WHEREFORE, Plaintiff, BRENTLEY M. HUXTABLE, respectfully requests this
Court extend the time in which to serve process and pleadings an additional 120 days from the
already allotted 120 days afforded by Rule 1.0700, Fla.R.Civ.P. and such other and
further relief as this Court deems just and appropriate.
Dated this 15"" day of May, 2017.
JA 1 Jovan Wotsow
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: 407-241-3800
Primary: iw n@boginmunns.com
Secondary: storres@bogin U inns.com
bmmser e(@boginmunns.com
Attorneys for Plaintiff
Page 2 of 2
Filing # 56995148 E-Filed 05/26/2017 02:04:18 PM
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.
ee
ORDER ON PLAINTIFF’S MOTION FOR
EXTENSION OF TIME TO SERVE PROCESS AND PLEADINGS
THIS CAUSE coming on to be heard ex parte upon application of, Plaintiff's Motion for
Extension of Time to Serve Process and Pleadings and the Court being otherwise further and
fully advised in the premises, it is thereupon:
ORDERED AND ADJUDGED that said Motion is hereby Olea
FURTHER ORDERED AND ADJUDGED that based upon the reasons set forth in the
aforesaid Motion, the Plaintiff shall have an additional 120 days from the already allotted 120
days provided by Rule 1.0700 (j), Fla.R.Civ.P. within which to effectuate international service
on the Defendant, CARLOS E. RESUMIL, in Argentina. FaluUre to ses, WI We (ZO 0s
SNGL result A Oismssal of A Unseed parties,
DONE and ORDERED in Chambers at Orange County, Florida this oy day of
Vda, 2017.
ATHERL. H EE
CIRCUIT COURT J UDGE
cc: John Allan Watson, Esquire
Page 1 of 1
EXHIBIT "C"
Filing # 62019332 E-Filed 09/26/2017 03:29:04 PM
IN THE CIRCUIT COURT OF THE
NINTH JUDICIAL CIRCUIT, IN AND
FOR ORANGE COUNTY, FLORIDA
CASE NUMBER: 2017-CA-004395-O
BRENTLEY M HUXTABLE
Plaintiff(s),
vs.
CARLOS E RESUMIL
Defendant(s).
/
FINAL ORDER OF DISMISSAL
Upon review of the above-styled case, it appears this case should be dismissed.
A Order To Extend Time To Serve Within 120 Days was filed on May 26, 2017 As
service has not been perfected.
Accordingly, it is:
ORDERED that this matter is hereby DISMISSED with Prejudice.
It is further:
ORDERED the Clerk is directed togoes care CO
DONE AND ORDERED in Chambers at Orlando, Orange County, Florida on this 2y
day of SppUmnw_,20]7..
< a
Teather L Higbee
Cireuit Judge
CERTIFICATE OF SERVICE
1 HEREBY CERTIFY that the foregoing was filed with the Clerk of the Court this le
day fSyer ,20f) by using the Florida Courts E-Filing Portal System.
Page 1 of 2
2017-CA-004395-0
EXHIBIT "D"
Accordingly, a copy of the foregoing is being served on this day to all attorney(s)/interested
parties identified on the ePortal Electronic Service List, via transmission of Notices of Electronic
Filing generated by the ePortal System.
se 1 HEREBY CERTIFY that a copy of the foregoing was furnished on hiss
Brentley M Huxtable
,20 f) by U.S. Mail to:
1000 Legion Place
Cray of
Suite 1000 Orlando, Fl 32801
Carlos E Resumil Av Kennedy Uf-329 Buenos Aires Argentina
John Allan Watson, Esquire 1000 Legion PI Ste 1000
Orlando Fl 32801
Donna Isaacson, Judicial Assistant to Judge Heather L Higbee
Page 2 of 2
2017-CA-004395-0
Preview
Filing #62025954 E-Filed 09/26/2017 04:15:17 PM 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. MOTION FOR RECONSIDERATION ON THE COURT’S ORDER OF DISMISSAL COMES NOW, Plaintiff, BRENTLEY M. HUXTABLE, by and through undersigned counsel and hereby moves this Honorable Court to uphold the previously filed Motion and Order granting an extension of 240 days for service and strike this Court’s Order of Dismissal executed on September 26, 2017 and as grounds would state as follows: ) The Plaintiff, BRENTLEY M. HUXTABLE, was involved in a motor vehicle accident that occurred on October 1, 2016 which necessitated surgery. 2) A Complaint in this cause was filed with the Court on May 25, 2017 in connection with said motor vehicle accident and which is the subject of this litigation (See Exhibit “A” attached hereto and made a part hereof). 3) At the time of filing, it became apparent, that the Defendant in this cause was a resident of Argentina and the Plaintiff would have to follow different procedures to get the Defendant served in a foreign country. Realizing same, a Motion to Appoint Process Server and a Motion for Extension of Time to Serve Process and Pleadings was also filed with the Court on May 15, 2017 (See “Exhibit B” attached hereto and a made a part hereof). 4) Both of the Orders, in particular, the Order on Plaintiff's Motion for Extension of Time to Serve Process and Pleadings was executed by the Court on or about May 26, 2017 (See Exhibit “C” attached hereto and made a part hereof). 5) From the onset, Plaintiff's counsel has been working with the appointed international server, in order to follow the required protocol to have the Defendant served in Italy. This requires, including but not limited to, getting all the documents translated filed and approved by the foreign entity and follow any other requirements this foreign entity may have to have the Defendant served through the Hague Convention. This is a lengthy process and Plaintiff's counsel is doing everything possible to get this accomplished as quickly as possible. Page 1 of 2 6) Knowing all of the above beforehand, and anticipating delays, the Plaintiff requested in its extension Order that the Court grant an “additional 120 days from the already allotted 120 days provided by Rule 1.0700(j), Fla.R.Civ.P. within which to effectuate international service on the Defendant”. This request was granted by the Court. It was the Plaintiff's understanding that, in essence, it would have 240 within which to serve the Defendant (i.e. until January 26, 2018). 7) Plaintiff's counsel has recently been advised by APS International (the International process server approved by the Court), that it may take up to and including an additional 12 — 18 weeks from today within which to properly serve the Defendant; if the Defendant is still residing at the address on the police report and if there are no additional delays. Plaintiff would like to remind the Court that this accident took place over | year ago and Plaintiff's counsel is not even sure if the Defendant is still residing at the last known address which may, in turn, incur more time in order to locate the Defendant. 8) On or about September 26, 2017, Plaintiff's counsel was surprised to receive the Court’s Final Order of Dismissal dismissing, with prejudice the above-captioned cause. (See Exhibit “D” attached hereto and made a part hereof). Plaintiffs counsel believes that this Order is in conflict with the Order entered by the Court on May 26, 2017 wherein the Court gave Plaintiff's counsel up and until January 26, 2018, to serve the Defendant (i.e. 240 days from the date of the Order). 9) Plaintiff's counsel reassures that Court that this Motion is not made for the purposes of delay; however, the dismissal of this action would severely prejudice the Plaintiff's claim. WHEREFORE, for the reasons stated forth above, Plaintiff would respectfully request that this Court strike its Final Order of Dismissal entered on or about September 26, 2017 and would request that the Court uphold the previously entered Order dated May 26, 2017 granting a 240 day extension until which to serve the Defendant. 11311 Jovr Wotsow Dated: September 26, 2017 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: 407-241-3800 Primary: —jwatson @boginmunns. com Secondary: bogil m, bn @bi gin r Plaintiff Page 2 of 2 Filing # 56452049 E-Filed 05/15/2017 04:29:29 PM IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT, IN AND FOR ORANGE COUNTY, FLORIDA CIVIL DIVISION BRENTLEY M. HUXTABLE, Case No. Plaintiff, vs. CARLOS E. RESUMIL, Defendant. COMPLAINT COMES NOW the Plaintiff, BRENTLEY M. HUXTABLE, by and through undersigned counsel and sues Defendant, CARLOS E. RESUMIL, and says: 1 This is an action for damages in excess of Fifteen Thousand Dollars ($15,000.00). 2. At all times material to this action, Plaintiff, BRENTLEY M. HUXTABLE, was a natural person residing in Orlando, Orange County, Florida. 3. At all times material to this action, Defendant, CARLOS E. RESUMIL, was a natural person residing in Belen de Escobar in Buenos Aires, Argentina. 4. Venue is proper in Orange County, Florida pursuant to Florida Statute Section 47.011. 5. The event, a motor vehicle accident, which gives rise to this action occurred in Orlando, Orange County, Florida. 6. On or about October 1, 2016, Plaintiff, BRENTLEY M. HUXTABLE, was operating a motor vehicle on Universal Boulevard and Hollywood Way in Orlando, Orange County, Florida. Page 1 of 3 EXHIBIT "A" 7. At said time and place, the Defendant, CARLOS E. RESUMIL, operated a motor vehicle owned and maintained by Sixt Rent a Car., a foreign Limited Liability Corporation doing business in Florida, at or near the crash location which collided with Plaintiff's motor vehicle. 8. At said time and place Defendant, CARLOS E. RESUMIL, negligently operated said motor vehicle so that it collided with the Plaintiff, BRENTLEY M. HUXTABLE?’s, vehicle being driven by Plaintiff. 9. All necessary conditions precedent to the commencement of this action have been either satisfied or waived. CLAIM OF BRENTLEY M. HUXTABLE AGAINST CARLOS E. RESUMIL 10. Plaintiff, BRENTLEY M. HUXTABLE, realleges and incorporates by reference paragraphs 1-9 as fully set forth herein. 11. Defendant, CARLOS E. RESUMIL, was negligent by operating said motor vehicle in a negligent and careless manner so as to cause it to collide with a vehicle then and there operated by Plaintiff, BRENTLEY M. HUXTABLE. 12, As a direct and proximate result of the said negligent operation of the said motor vehicle by Defendant, CARLOS E. RESUMIL; the Plaintiff, BRENTLEY M. HUXTABLE, has suffered bodily injury, and resulting pain and suffering, disability, disfigurement, mental anguish and pain, loss of earnings, loss of ability to earn money and aggravation of a previously existing condition and has incurred substantial medical expenses for treatment and care, past, present and future. Said losses, injuries and expenses are either permanent or continuing in nature and Plaintiff, BRENTLEY M. HUXTABLE will continue to suffer same in the future. Further, said Plaintiff, was caused to suffer damages to his automobile. WHEREFORE, Plaintiff, BRENTLEY M. HUXTABLE, demands judgment for damages against Defendant, CARLOS E. RESUMIL and such other relief as this Court deems just and proper. Page 2 of 3 DEMAND FOR JURY TRIAL Plaintiff, BRENTLEY M. HUXTABLE, hereby respectfully requests this Court allow a jury trial on all issues so triable. Dated this 15" day of May, 2017. 11 John Wotsow 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: 407-241-3800 Primary: @ bogi Secondary: @bogin! bmmservice@boginmunns.com Attorneys for Plaintiff Page 3 of 3 Filing # 56452049 E-Filed 05/15/2017 04:29:29 PM IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT, IN AND FOR ORANGE COUNTY, FLORIDA. CIVIL DIVISION BRENTLEY M. HUXTABLE, Case No.: Plaintiff, vs. CARLOS E. RESUMIL, Defendant. MOTION TO APPOINT SPECIAL PROCESS SERVER Plaintiff, BRENTLEY M. HUXTABLE, pursuant of rule 1,070, Florida Rules of Civil Procedure, as made applicable herein, moves this Honorable Court to constitute and appoint: APS International, Ltd., whose principle address is 7800 Glenroy Road, Minneapolis, MN 55439 to serve process in the above cause. Plaintiff would respectfully show that said APS International, Ltd. is over the age of twenty-one (21) years and is competent and a disinterested party to this action. 11311 Jovr Wotsow 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: 407-241-3800 Primary: ijwatson@boginmunt n. Secondary: storres@boginmunns. bmmservice@boginmunns.com Attorneys for Plaintiff Page 1 of 1 EXHIBIT "B" Filing # 57616369 E-Filed 06/12/2017 12:55:19 PM IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT, IN AND FOR ORANGE COUNTY, FLORIDA CIVIL DIVISION ee BRENTLEY M. HUXTABLE, Case No.: 2017-CA-004395-O Plaintiff, VS. CARLOS E. RESUMIL, Defendant. ORDER TO APPOINT SPECIAL PROCESS SERVICE THIS CAUSE coming on to be heard ex parte upon application of, Plaintiffs Motion to Appoint Special Process Service and the Court being otherwise further and fully advised in the premises, it is thereupon: ORDERED AND ADJUDGED that APS International, Ltd., including its designated agents, is appointed and authorized to effect international service of process on the Defendant, CARLOS RESUMIL in Argentina. Service shall be effectuated according to any internationally agreed means, the laws of the foreign country, or as directed by the foreign authority or the originating court if not otherwise prohibited by international agreement or the laws of the foreign country, and in a manner reasonably calculated to give notice. DONE and ORDERED in Chambers at Orange County, Florida this {2 day of ¢ [Ue » 2017. IEATHER L. HIG SE CIRCUIT COURT JUDGE ce: John Allan Watson, Esquire Page 1 of 1 EXHIBIT "B" Filing # 56452049 E-Filed 05/15/2017 04:29:29 PM IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT, IN AND FOR ORANGE COUNTY, FLORIDA CIVIL DIVISION BRENTLEY M. HUXTABLE, Case No.: Plaintiff, vs. CARLOS E. RESUMIL, Defendant. MOTION FOR EXTENSION OF TIME TO SERVE PROCESS AND PLEADINGS Plaintiff, BRENTLEY M. HUXTABLE, by and through undersigned counsel, hereby files this 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 Pursuant to Rule 1.0700 (j), Fla.R.Civ.P., initial process and pleadings must be served upon the Defendant within 120 days of filing the initial Complaint, absent good cause shown by the Plaintiff. 3 The Defendant was a resident of Argentina and was a tourist in the United States at the time of the incident which is the cause of this action. The Plaintiff is attempting to determine the proper procedures for effectuation of service in Argentina and to determine the whereabouts of the Defendant and anticipates that more time will be needed due to the international service of this Defendant. Page 1 of2 EXHIBIT "B" 4 Due to the foregoing, Plaintiff perceives that additional time will be required to determine and perfect service of process on Defendant in accordance with international law. 5 Accordingly, out of an abundance of caution, Plaintiff requests the time within which to serve the initial process and pleadings be extended an additional 120 days from the already allotted 120 days afforded by Rule 1.0700 (j), Fla.R.Civ.P. This request is not made to create delay, but to further the administration of justice. WHEREFORE, Plaintiff, BRENTLEY M. HUXTABLE, respectfully requests this Court extend the time in which to serve process and pleadings an additional 120 days from the already allotted 120 days afforded by Rule 1.0700, Fla.R.Civ.P. and such other and further relief as this Court deems just and appropriate. Dated this 15"" day of May, 2017. JA 1 Jovan Wotsow 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: 407-241-3800 Primary: iw n@boginmunns.com Secondary: storres@bogin U inns.com bmmser e(@boginmunns.com Attorneys for Plaintiff Page 2 of 2 Filing # 56995148 E-Filed 05/26/2017 02:04:18 PM 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. ee ORDER ON PLAINTIFF’S MOTION FOR EXTENSION OF TIME TO SERVE PROCESS AND PLEADINGS THIS CAUSE coming on to be heard ex parte upon application of, Plaintiff's Motion for Extension of Time to Serve Process and Pleadings and the Court being otherwise further and fully advised in the premises, it is thereupon: ORDERED AND ADJUDGED that said Motion is hereby Olea FURTHER ORDERED AND ADJUDGED that based upon the reasons set forth in the aforesaid Motion, the Plaintiff shall have an additional 120 days from the already allotted 120 days provided by Rule 1.0700 (j), Fla.R.Civ.P. within which to effectuate international service on the Defendant, CARLOS E. RESUMIL, in Argentina. FaluUre to ses, WI We (ZO 0s SNGL result A Oismssal of A Unseed parties, DONE and ORDERED in Chambers at Orange County, Florida this oy day of Vda, 2017. ATHERL. H EE CIRCUIT COURT J UDGE cc: John Allan Watson, Esquire Page 1 of 1 EXHIBIT "C" Filing # 62019332 E-Filed 09/26/2017 03:29:04 PM IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT, IN AND FOR ORANGE COUNTY, FLORIDA CASE NUMBER: 2017-CA-004395-O BRENTLEY M HUXTABLE Plaintiff(s), vs. CARLOS E RESUMIL Defendant(s). / FINAL ORDER OF DISMISSAL Upon review of the above-styled case, it appears this case should be dismissed. A Order To Extend Time To Serve Within 120 Days was filed on May 26, 2017 As service has not been perfected. Accordingly, it is: ORDERED that this matter is hereby DISMISSED with Prejudice. It is further: ORDERED the Clerk is directed togoes care CO DONE AND ORDERED in Chambers at Orlando, Orange County, Florida on this 2y day of SppUmnw_,20]7.. < a Teather L Higbee Cireuit Judge CERTIFICATE OF SERVICE 1 HEREBY CERTIFY that the foregoing was filed with the Clerk of the Court this le day fSyer ,20f) by using the Florida Courts E-Filing Portal System. Page 1 of 2 2017-CA-004395-0 EXHIBIT "D" Accordingly, a copy of the foregoing is being served on this day to all attorney(s)/interested parties identified on the ePortal Electronic Service List, via transmission of Notices of Electronic Filing generated by the ePortal System. se 1 HEREBY CERTIFY that a copy of the foregoing was furnished on hiss Brentley M Huxtable ,20 f) by U.S. Mail to: 1000 Legion Place Cray of Suite 1000 Orlando, Fl 32801 Carlos E Resumil Av Kennedy Uf-329 Buenos Aires Argentina John Allan Watson, Esquire 1000 Legion PI Ste 1000 Orlando Fl 32801 Donna Isaacson, Judicial Assistant to Judge Heather L Higbee Page 2 of 2 2017-CA-004395-0