Are you contemplating bring a Florida probate lawsuit but think the Defendant will avoid service? There may be alternative ways to serve a Defendant in a Florida probate litigation matter. Want to learn more? Check out this recent case out of the Fourth District Court of Appeal!
What is Service of Process?
- Florida probate lawyers know the importance of service of process in a lawsuit.
- Do you know what it does?
- Service is the process used by Florida estate lawyers to get personal jurisdiction over a party.
- You may have seen in movies where process servers find a person and tell them they have been “served.”
- But what can probate attorneys Florida do when the Defendant evades service?
- Some Defendants can be quite good at that, ask any Florida probate attorney.
- You may be able to effectuate service by publication.
- Do you know what that is?
- Service by publication allows the Florida estate lawyer to publish the service in a paper that is circulated in the area.
- The idea is this will notify the defendant of the estate litigation in Florida.
- Does this actually work?
- Check out this recent case out of the Fourth District Court of Appeals in Palm Beach to learn more about service by publication.
Reilly v. US Bank N.A.
- This was an appeal from a foreclosure action in Palm Beach, Florida.
- Florida will contest lawyers may want to read up on this case to learn how to get their probate trials into the Court’s calendar.
- In this case the bank could not get the Defendant served.
- Florida estate lawyers know that it is not terribly hard to avoid a process server.
- So what did the bank do?
- They served him via publication.
- So what is the problem on appeal?
- The bank forgot to get a default entered so that they could proceed to trial.
- This is called getting the trial to be “at issue.”
- Is your Florida probate lawsuit ready for trial?
Want to learn more?
Check out a free copy of the entire case by clicking here.
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