IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT IN

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					               IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT
                       IN AND FOR ORANGE COUNTY, FLORIDA


WELLS FARGO BANK, N.A.                               Case No.: 2009-CA-0XXX

                       Plaintiff,

VS.

JANE DOE

                  Defendant,
______________________________

DEFENDANT JANE DOE’S SPECIAL APPEARANCE FOR THE SOLE PURPOSE OF
            THIS MOTION TO QUASH SERVICE OF PROCESS

        Attorney James E. Orth, Jr., hereby enters a special appearance on behalf of JANE
DOE, for the sole purpose of this Motion to Quash Service of Process pursuant to lack of
jurisdiction over the person, Rule 1.140(b)(2) and insufficiency of service of process, Rule
1.140(b)(5).
                                                 I
                       FACTS APPLICABLE TO ALL ARGUMENTS
        On April 9, 2009, the plaintiff filed a Complaint to Foreclose Mortgage against the
Defendant and unknown tenants in possession.

        On April 15, 2009, service of process was apparently effected upon the then resident - an
individual who was not JANE DOE nor in any way related to JANE DOE. (Affidavit of JANE
DOE).

        During the period of April 9, 2009 through October 1, 2009, the Defendant, JANE DOE
did not reside on the property which is the subject of this lawsuit. (Affidavit of JANE DOE)

        On September 30, 2009, the Plaintiff filed a document entitled RETURN OF SERVICE
in which John Smith alleged that he personally served the summons and complaint upon the
Defendant, JANE DOE, on September 25, 2009 at “17033 S. Orange Blossom Trail, Orlando,
FL ” Mr. Smith further alleged that the Defendant, JANE DOE, “confirmed that she/he resides at
the above address.” The address at “17033 S. Orange Blossom Trail, Orlando, FL” is the only
address found on the document.

       The address of 17033 S. Orange Blossom Trail, Orlando, FL is a commercial property,
not a residence. (Affidavit of JANE DOE). The Defendant, JANE DOE, has never resided at the
“17033 S. Orange Blossom Trail, Orlando, FL” property. (Affidavit of JANE DOE)

       The Defendant, JANE DOE, was never served with a summons and complaint on this
action by John Smith or by any other process server. (Affidavit of JANE DOE)

       Neither Jean Doe nor John Doe ever advised the Defendant, JANE DOE, that they were
served and that this mortgage foreclosure lawsuit was filed. (Affidavit of JANE DOE)

                                                 II

                                               LAW
       Motion to set aside service of process or quash return, accompanied by special
appearance for that purpose, is proper method of testing sufficiency of service of summons in
chancery. Rorick v. Stilwell, 101 Fla. 4, 133 So. 609 (1931). See also, Babcock v. Whatmore,
707 So.2d 702, 704 (Fla. 1998) (citing Rorick v. Stilwell)
       Service of original process is made by delivering a copy of it to the person to be served
with a copy of the complaint, petition, or other initial pleading or paper or by leaving the copies
at his or her usual place of abode with any person residing therein who is 15 years of age or older
and informing the person of their contents. 48.031(1)(a) Fla. Stat. (2011)
       Substitute service may be made on an individual doing business as a sole proprietorship
at his or her place of business, during regular business hours, by serving the person in charge of
the business at the time of service if two or more attempts to serve the owner have been made at
the place of business. 48.031(2)(b) Fla. Stat. (2011).




                                                III
                                          ARGUMENT
       Here, the Plaintiff failed to comply with Florida law. The Plaintiff failed to serve a
summons and complain upon the Defendant. The RETURN OF SERVICE contains false
information as the Defendant JANE DOE was never served, the address of 17033 S. Orange
Blossom Trail, Orlando, FL is a commercial property, she does not know nor has she ever met
John Smith and she never told anyone that she resided at the S. Orange Blossom Trail address in
Orlando, Florida.
                                        CONCLUSION
       The plaintiff failed to comply with Florida law on service of process as JANE DOE was
never served with the Summons and Complaint or any copy thereof.
       Wherefore, defendant respectfully requests this court quash the service of process for
insufficiency of service of process and lack of personal jurisdiction over the Defendant.

                                                     Respectfully submitted



                                                     ___________________
                                                     George Gingo FBN 875933
                                                     James E. Orth, Jr. FBN 75941
                                                     2215 Garden Street Suite B
                                                     Titusville, FL 32796
                                                     (321) 264-9624 (Office)
                                                     (866) 311-9573 (Fax)
                                                     jamesorthlaw@gmail.com


                                      Certificate of Service

        I hereby certify that a true and correct copy of the foregoing has been furnished by U.S.
Mail, this ____ day of March, 2012, to Matthew Wolf, Florida Default Law Group, P.O. Box
25018, Tampa, FL 33622
_____________________
James E. Orth, Jr.

				
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