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Case 0:10-cv-60392-JIC Document 19 Entered on FLSD Docket 06 02 10 13:58:13 Page 1

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The document is an order from the United States District Court for the Southern District of Florida denying Duke University's motion to dismiss a lawsuit filed by Ronald and Anne Saathoff on behalf of their son, Matthew, who was injured during a drowning incident at a Duke Talent Identification Program event. The court found that the plaintiffs demonstrated 'good cause' for the delay in serving the complaint and that Duke University had not waived its right to service despite engaging in settlement discussions.

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What is a waiver of service of process in Florida?

Waiver of Service: A defendant may waive service, which means the defendant agrees to respond to the complaint even though you did not personally serve the defendant with the complaint and summons. Here are forms for waiver of service: Notice of a Lawsuit and Request to Waive Service of a Summons (AO 398)

Can you be served by mail in Florida?

Yes, but only on Florida residents. Lawsuits up to $5,000 (excluding court costs, interest and attorneys fees) are called small claims cases and Miami-Dade Countys Clerks Office can assist you in serving papers by certified mail at no charge except the actual cost of mailing.

Is a motion to dismiss a general appearance?

A motion to dismiss pursuant to the provisions of this section shall not, nor shall any extension of time to plead after such motion, constitute a general appearance. (As amended Stats.

Can you drop serve in Florida?

Under Florida case law, there are very limited circumstances where a process server may leave the papers (summons and complaint) at a place where he or she knows the defendant will be able to retrieve them easily (this is known as drop service).

How long do you have to file a motion to dismiss in Florida?

There are specific requirements as to when to file a Motion to Dismiss. If the Complaint or Petition was served on the Defendant, a Motion to Dismiss must be filed within 20 days of service and prior to an Answer being filed.

What happens if a process server can t serve you in Florida?

Alternative methods of service exist for cases in which the individual to be served cannot be located or served for whatever reason. A judge must approve alternative service, as well as the method of service. The most common alternative method of service is publication in a local newspaper.

What is the service of process rule in Florida?

Under Florida service of process rules, only an authorized officer (usually the county sheriff) or a competent, disinterested third-party appointed by the court can serve as a process server in civil cases.

What is the time limit for service of process in Florida?

If service of the initial process and initial pleading is not made upon a defendant within 120 days after filing of the initial pleading directed to that defendant the court, on its own initiative after notice or on motion, shall direct that service be effected within a specified time or shall dismiss the action