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Beyond Systems, Inc. v. World Avenue USA, LLC et al

REPLY to Response to Motion re MOTION for Extension of Time to File Service of Summons and Request for Re-Issuance of Summons to Defendant Niuniu Ji

8 Cited authorities

  1. Davis v. Williams

    588 F.2d 69 (4th Cir. 1978)   Cited 1,703 times
    Holding that a Rule 41(b) dismissal with prejudice for failure to prosecute is a “harsh sanction which should not be invoked lightly in view of the ‘sound public policy of deciding cases on their merits.'”

  2. Wyatt v. Haese

    649 So. 2d 905 (Fla. Dist. Ct. App. 1995)   Cited 31 times
    Holding that the court cannot conclude that failure of service resulted from defendant's rejection of delivery where letters sent to defendant were returned stating "UNCLAIMED" and "NOT AT THIS ADDRESS"

  3. Monaco v. Nealon

    810 So. 2d 1084 (Fla. Dist. Ct. App. 2002)   Cited 18 times

    No. 4D01-3223. March 20, 2002. Appeal from the Circuit Court, Broward County, Jeffrey E. Streitfeld, J. Jacqueline G. Emanuel of Riley, Knoerr Emanuel, Fort Lauderdale, for appellants. Carroll E. Ayers of Ayers Byrd, Wakefield, Massachusetts, for appellee. GROSS, J. Gregory Monaco and Interstate Towing, Inc., appeal a non-final order denying their motion to quash service of process. This court has jurisdiction. See Fla. R.App. P. 9.130(a)(3)(C)(i). Appellee, Florence Nealon, attempted to serve Monaco

  4. Chapman v. Sheffield

    750 So. 2d 140 (Fla. Dist. Ct. App. 2000)   Cited 18 times
    In Chapman v. Sheffield, 750 So.2d 140, 143 (Fla. 1st DCA 2000), the court quashed the attempted service of process and rejected the plaintiffs' argument that they were justified in sending substituted service to the address listed on the accident report, noting that the complaint had not been filed until four years after the accident and that "[i]t is reasonable to assume that the defendant's living arrangements may have changed in that time."

  5. Smith v. Leaman

    826 So. 2d 1077 (Fla. Dist. Ct. App. 2002)   Cited 8 times
    Noting that Fl. Stat. Ann. § 48.161 "allows for substituted service of process on a Florida resident who is concealing his whereabouts, creates an exception to the general rule that the defendant must be personally served. The statute contains three requirements: the plaintiff must send notice of service and a copy of the process by registered or certified mail to the defendant; the plaintiff must file the defendant's return receipt; and the plaintiff must file an affidavit of compliance."

  6. Valliappan v. Cruz

    871 So. 2d 1035 (Fla. Dist. Ct. App. 2004)   Cited 2 times

    Case No. 4D03-2283. Opinion filed May 5, 2004. Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County, Thomas M. Lynch, IV, Judge, L.T. Case No. 02-002796 (11). Jason A. Dvoracek of Koppen, Watkins, Partners Associates, Delray Beach, for appellant. Todd S. Payne and Eric T. Salpeter of Zebersky Payne, LLP, Hollywood, for Appellee-Victor Vincente Cruz. PER CURIAM. We reverse an order denying Jodhi Valliappan's motion to set aside a default judgment. There is no proof in

  7. Rule 4 - Summons

    Fed. R. Civ. P. 4   Cited 71,368 times   127 Legal Analyses
    Holding that if defendant is not served within 90 days after the complaint is filed, the court—on a motion, or on its own following notice to the plaintiff—must dismiss the action without prejudice against that defendant or order that service be made by a certain time

  8. Section 48.161 - Method of substituted service on nonresident

    Fla. Stat. § 48.161   Cited 204 times   3 Legal Analyses
    Providing the method for substituted service of process on a nonresident