A Motion to Quash Service of Process
John Pankauski a recent case involving the correct process for serving a summons.
A recent case you should read about if you are having trouble serving a defendant.
Hello, my name is John Pankauski at Pankauski Hauser in West Palm Beach. We limit our practice to trials disputes and appeals involving Wills, Trusts, Estates, Guardianship and Inheritances. We file a lot of lawsuits and we also help family members defend lawsuits when they are sued but an important part of our constitution and our constitutional process required is that a defendant be served properly. Why? Well that defendant is entitled to get notice and an opportunity to be heard and you have to jump through the correct procedural hoops to do this.
A recent case discusses when that doesn’t happen. When somebody is not served with process, a summons and a copy of the lawsuit, the complaint properly. What do you ? You file a motion to quash service of process under chapter 86 of our Florida statutes. You can read more about this issue by reading a recent Oct 11. 2017 Appellate Court Opinion from Florida 4th District Court of Appeal. That’s the Appellate Court that handles appeals in Broward County as well as Palm Beach County. The cash is Wincor vs. Potash 227 Southern third 650 . In this case they talked about a motion to quash service of process when it was alleged that the Service was done by posting under chapter 82.061, posting a copy of the summons and the complaint, the lawsuit on a particular piece of real property where a defendant is supposedly resides.
If you want to know more about a Motion to Quash Service of Process and what you need to win on a Probate appeal, talk to an estate planning litigation attorney who actually handles appellate issues. My name is John Pankauski and this concludes my remarks about this recent Florida Probate opinion.