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When is Service of Process Bad in Palm Beach Appeals? — June 17, 2015 Florida 4th DCA Opinion on affidavits & service of process

Uncategorized • Jun 21, 2015
post about When is Service of Process Bad in Palm Beach Appeals? — June 17, 2015 Florida 4th DCA Opinion on affidavits & service of process

Most probate litigation law firms Palm Beach know that protecting a trustee Boca Raton who is sued starts with the basics.  How is Florida statute 48.031 affected by Florida law 117.05? The Florida Probate Code,and our Constitution, know that the basics are all about Constitutional rights which includenotice and an opportunity to be heard. So, if you are defending a personal representativeof a Palm Beach estate, or maybe a beneficiary of a Florida probate lawyer, was thedefendant served with process properly?  Consider reading this recent, June 17, 2015,Palm Beach appeals court case from Florida’s 4th District  Court of Appeal in West Palm Beach about service of process, proper affidavits and the “tipsy coachman doctrine.”  Athough this Palm Beach appeal about service of process is not a probate case, a lot can be learned from this commercial litigation Broward County Case.

Was Service of  Process Proper in this Broward Contract Case?

  • Florida statute 48.031 deals with service of process.  This is very important for your estate lawyer’s process server and for serving defendants.
  • Florida law 117.05 came up in this recent case and how it deals with affidavits, which are commonly used in probate lawsuits when service of process in Florida is an issue.
  • What if you were not served properly in your Palm Beach estate lawsuit?
  • What if you KNEW about the lawsuit, but you chose to avoid service of process of, say, some Broward County real estate lawsuit or a Ft. Lauderdale contract case?
  • Do you know what to do if service of process was improper in Florida probate cases?
  • Do you know what to do if you are SUING a Boca Raton trust beneficiary and  you can’t get him or her to accept service of process or you can’t get him or her served with service of process?
  • Most probate litigators Delray Beach know that you can ask a court for subsitituted service of process or service of process Florida by publication.

Palm Beach Appeal Case of Service of Process

  • Can you serve a lawsuit on someone’s son?
  • Doesn’t Florida law section 48.031 tell you how to serve the Palm Beach lawsuit?
  • Is that good service of a lawsuit in Broward County Florida?
  • Do you know how to remove the default if one is entered against you ?
  • What motion do you file with the Palm Beach probate to remove the default?
  • Are you familiar with the Motion to Quash Service of Process in Florida estate lawsuits?
  • What if you were never PERSONALLY served with the lawsuit?
  • Consider reading Johnson v. Christiana Trust, a 4th District Court of Appeal case whose opinion was wirtten by Judge Levine.
  • 4D14-3495, decided in West Palm Beach on June 17, 2015
  • Here is the link to read this Florida lawsuit case about service of process for free:http://www.4dca.org/opinions/June%202015/06-17-15/4D14-3495.op.pdf