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 # 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 Octob er 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 of 2
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 15TH day of May, 2017.
//s// John 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: 407-241-3800
Primary: jwatson@boginmunns.com
Secondary: storres@boginmunns.com
bmmservice@boginmunns.com
Attorneys for Plaintiff
Page 2 of 2
Document Filed Date
May 15, 2017
Case Filing Date
May 15, 2017
Category
CA - Auto Negligence
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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 Octob er 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 of 2 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 15TH day of May, 2017. //s// John 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: 407-241-3800 Primary: jwatson@boginmunns.com Secondary: storres@boginmunns.com bmmservice@boginmunns.com Attorneys for Plaintiff Page 2 of 2