DURASERV LLC
v.
ACTION GARAGE DOOR REPAIR CORP.

M.D. Fla. | 2024-11-27
No. 2:24-CV-996
2024 WL 1156544 2024 FFL 29468 District Court, M.D. Florida (2024) Positive Treatment
Cited by 2 cases
Topics
Alternative Service Of Process Advisory Opinion

Explore caselaw by topic → Browse Alternative Service Of Process cases and more on FLexlaw

Opinion of the Court

Plaintiff DuraServ LLC d/b/a Action Automatic Door & Gate seeks an order allowing alternative service on Defendant Action Garage Door Repair, Corp. (Doc. 11.) Specifically, Plaintiff requests “service via email, at [email protected], and through substituted service on the Florida Secretary of State.” (Id. at 1.)

Plaintiff's motion is DENIED AS MOOT. Florida law (applicable here through Fed. R. Civ. P. (h)(1)(A) and (e)(1)) allows service on the Florida Secretary of State for corporations registered in Florida, like Defendant. See Fla. Stat. § 48.081; Gov't Emps. Ins. Co. v. Utter, No. 6:23-CV-943-CEM-EJK, 2024 WL 1156544, at *2 (M.D. Fla. Mar. 18, 2024). Thus, Plaintiff need not seek permission for the substituted service sought, and any such order would be an impermissible advisory opinion.

ORDERED in Fort Myers, Florida on November 27, 2024.

Kyle C. Dudek United States Magistrate Judge

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Duraserv LLC v. Action Garage Door Repair Corp., 2024 WL 1156544 (M.D. Fla. 2024)
    …(applicable here through Fed. R. Civ. P. (h)(1)(A) and (e)(1)) allows service on the Florida Secretary of State for corporations registered in Florida, like Defendant. See Fla. Stat. § 48.081; Gov't Emps. Ins. Co. v. Utter, No. 6:23-CV-943-CEM-EJK, 2024 WL 1156544, at *2 (M.D. Fla. Mar. 18, 2024). Thus, Plaintiff need not seek permission for the substituted service sought, and any such order would be an impermissible advisory opinion. ORDERED in Fort Myers, Florida on November 27, 2024. L fe LeZT 4 Yfle C…
  • Westchester Fire Ins. Co. v. M&C Express Transp., Inc. (M.D. Fla. 2025)
    …011 WL 3296812, at *5 (finding that plaintiff was warranted in its use of substituted service after multiple attempts to serve defendant at his home and after surveillance of defendant's home); Gov't Emps. Ins. Co. v. Utter, No. 6:23-cv-943-CEM-EJK, 2024 WL 1156544, at *1-2 (M.D. Fla. Mar. 18, 2024) (holding that plaintiffs were warranted in their use of substituted service after numerous attempts to serve the registered agent for each of the defendants at their business address and the registered agent's resi…

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw