Federal Rule Of Civil Procedure 4(M)

90 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Betty K Agencies, Ltd. v. M/V Monada
  432 F.3d 1333· 11th Cir.· 2005-12-16 ·cited 125×
  Betty K Agencies sued Tidal Wave and the M/V MONADA for breach of a vessel charter agreement, seeking return of unearned charter hire and advances. The district court sua sponte dismissed the case with prejudice, citing Betty K's failure to answer a counterclaim and failure to pe
• In re Sunbeam Securities Litigation
  89 F. Supp. 2d 1326· S.D. Fla.· 1999-12-10 ·cited 44×
  The court held that the plaintiffs' complaint adequately pleaded fraud with particularity and sufficiently alleged scienter against defendants Dunlap and Kersh, thus surviving the motion to dismiss.
• Wilson v. Hearos, LLC
  128 F.4th 1254· 11th Cir.· 2025-02-18 ·cited 8×
  Removal by a non-party is a waivable procedural defect, not a jurisdictional one, and the court must apply state law regarding statutes of limitations and service of process after removal in a diversity case.
• Taco Bell Corp. v. Costanza
  686 So. 2d 773· Fla. 4th DCA· 1997-01-22 ·cited 8×
• The Meadows OF Citrus Cnty., Inc. v. Jones
  704 So. 2d 202· Fla. 5th DCA· 1998-01-09 ·cited 6×
  Meadows of Citrus County and co-defendants appealed the denial of their motion to dismiss, arguing that a co-defendant was not timely served under Florida Rule of Civil Procedure 1.070(j). The court dismissed the appeal, holding that defendants lack standing to assert untimely se
• Shore v. 6th Jud. Cir. Court of Fla.
  2016 WL 9049315· M.D. Fla.· 2023-01-09 ·cited 5×
  Service of process via certified mail alone is insufficient under federal and Florida rules, and thus the court lacks personal jurisdiction over the defendants.
• Palm Beach Cnty. Env't Coal. v. Florida
  651 F. Supp. 2d 1328· S.D. Fla.· 2009-07-27 ·cited 5×
  The court granted motions to dismiss, finding that sovereign immunity barred federal and state claims against state defendants, and that federal defendants were not properly served and failed to provide required notice for certain claims.
• Wiesenberg v. Costa Crociere
  35 So. 3d 910· Fla. 3d DCA· 2010-02-24 ·cited 2×
  Wiesenberg sued Costa Crociere for personal injuries sustained as a cruise ship passenger. The trial court dismissed based on res judicata, but the appellate court reversed that reasoning and affirmed the dismissal on the alternative ground that the forum selection clause in the
• Gaston v. City of Leesburg
  2010 WL 11515686· M.D. Fla.· 2024-09-04 ·cited 1×
  The court held that service of process on the City of Leesburg and individual police officers was improper and quashed the service, but granted the plaintiff an opportunity to re-serve the defendants.
• McGlynn v. El Sol Media Network Inc
  2018 WL 8016563· M.D. Fla.· 2023-10-31 ·cited 1×
  The court denied the motion for default judgment because the plaintiff failed to properly demonstrate service of process and adequately support other aspects of the motion, such as the scope of injunctive relief and attorney's fees.
• Krasniaski v. Alter Native Retail, LLC
  2008 WL 4862597· S.D. Fla.· 2023-04-24 ·cited 1×
  The Court orders the Plaintiff to file proof of service within seven days of perfecting service upon the Defendants.
• United States v. Fortner
  2018 WL 806868· M.D. Fla.· 2022-12-09 ·cited 1×
  The court held that a defendant's actual notice is insufficient to cure defective or absent service, and the plaintiff failed to demonstrate diligent efforts to serve the defendant.
• Hart v. Zimmerman Holdings Grp., Inc.
  268 F. Supp. 705· S.D. Fla.· 2016-01-29 ·cited 1×
  The court held that the plaintiff failed to show good cause for the untimely service of process and that the court would not exercise its discretion to extend the time for service.
• Guarnata Zeana Bourjolly v. Werner Auto. Holdings
  M.D. Fla.· 2026-01-12
  The court held that the amended complaint was a shotgun pleading and dismissed it, but granted the plaintiff one final opportunity to amend.
• Sherma Johnson v. The Preserves at Stonebriar Homeowners Ass'n, Inc.
  M.D. Fla.· 2025-10-22
  The Court grants Plaintiff's motion for leave to file a fourth amended complaint, allowing her a final opportunity to correct pleading deficiencies.
• Rubin Young v. Hon. Donald J. Trump
  S.D. Fla.· 2025-10-14
  Pro se plaintiffs filed suit against federal and state officials claiming that the federal government violated the Guarantee Clause by failing to recognize Indigenous Americans as sovereign and that the Fourteenth Amendment's birthright citizenship has been improperly extended to
• Samuels v. FCI Lender Servs. & Backflip
  M.D. Fla.· 2025-10-01
  The court granted in part Defendant FCI Lender Services' motion to dismiss, dismissing FCI from the action without prejudice for failure to serve process within the time allowed by Rule 4(m).
• Luzier v. Huggins
  N.D. Fla.· 2025-09-18
  Service of an original complaint after an amended complaint has been filed is insufficient, and while service must be quashed, dismissal is not warranted if the defect is curable.
• Purple Innovation, LLC v. Waykar, Inc.
  M.D. Fla.· 2025-08-29
  Purple Innovation, LLC sued Waykar, Inc., American Serleep Inc., and others for trademark infringement based on the sale of allegedly infringing mattresses on online marketplaces, but the Middle District of Florida dismissed the complaint without prejudice for improper venue beca
• Vasina-Nahmani v. Noem
  S.D. Fla.· 2025-08-19
  The court held that the plaintiff's complaint must be dismissed without prejudice due to failure to serve the defendants within the time prescribed by Federal Rule of Civil Procedure 4(m).
• Aguila v. Rqm+ LLC
  S.D. Fla.· 2025-08-12
  The court held that plaintiffs' attempted substituted service on foreign defendants was improper because it was not authorized by a court order as required by Federal Rule of Civil Procedure 4(f)(3) after removal.
• Conrad v. Farrell
  M.D. Fla.· 2025-07-16
  The Court adopts the Magistrate Judge's recommendation to dismiss the case, clarifying the dismissal is without prejudice.
• U.S. Bank Nat'l Ass'n v. Rivabem
  S.D. Fla.· 2025-07-15
  Defendants are not entitled to attorney's fees because they did not prevail on a significant issue in the litigation, as the case was dismissed for the plaintiff's failure to serve process.
• Nguida v. Lake Cnty. Sch. Dist.
  M.D. Fla.· 2025-06-23
  The court held that service of process on a school district by certified mail is ineffective and denied the plaintiff's motion to deem service effective or authorize alternative service.
• Hoffman v. Jimenez
  M.D. Fla.· 2025-06-13
  Service of process on a city clerk is insufficient to serve a municipality or its officers sued in their individual or official capacities under Federal Rule of Civil Procedure 4 and Florida law.
• Hoffman v. Jimenez
  M.D. Fla.· 2025-06-12
  The court granted the motion to quash service because the plaintiff failed to properly serve the defendants under federal and state rules.
• Burgess v. Snider
  M.D. Fla.· 2025-05-23
  The court held that the defendants are entitled to summary judgment on the plaintiff's excessive force claims related to the use of pepper spray and the application of handcuffs.
• Ryder Truck Rental, Inc. v. All Ways Auto Transp., LLC
  S.D. Fla.· 2025-04-30
  The court held that service of process was insufficient because the individual served was not an officer, managing agent, or agent authorized to receive service of process for the defendant LLC.
• Merritt v. Knowles
  M.D. Fla.· 2025-04-18
  The court granted in part Plaintiff's motion for default against Defendant Bruno, directing the Clerk to enter default, but denied other motions for default and requests for alternative service.
• Joseph v. Gen. Conf. Corp. of 7th Day Adventist
  S.D. Fla.· 2025-02-26
  Plaintiff Lorfils Joseph filed a lawsuit against the General Conference Corporation of the Seventh-day Adventist Church in federal district court in Florida. The court granted Joseph's request to proceed without paying court fees and costs, issued summonses for the defendants, an
• Deppe v. Vetter
  M.D. Fla.· 2025-02-18
  The court granted the plaintiff's unopposed motion for an enlargement of time to serve the remaining defendants.
• Parke v. Delta Air Lines Inc.
  M.D. Fla.· 2025-01-23
  The court granted the motion to dismiss for lack of personal jurisdiction because the plaintiff failed to allege sufficient facts to establish minimum contacts between the defendant and Florida.
• Simon v. Pierre
  S.D. Fla.· 2025-01-07
  The court recommended sua sponte dismissal without prejudice of the plaintiff's first amended complaint as a shotgun pleading, with leave to amend conditioned on payment of the filing fee.
• Restricted Filer - Montford v. Pryor, Jr.
  S.D. Fla.· 2024-11-15
  The court held that it lacked subject matter jurisdiction over claims against federal defendants due to sovereign immunity and that claims against other defendants were barred by judicial immunity, legislative immunity, res judicata, arbitral immunity, and statute of limitations.
• Alnasser v. Serdy
  M.D. Fla.· 2024-11-07
  The court denied plaintiffs' motion to serve the defendant via mail or email in foreign countries, finding insufficient demonstration of due process or compliance with international agreements. The court granted a limited extension for service.
• Hill v. McNeil
  N.D. Fla.· 2024-11-04
  The court held that a plaintiff's failure to serve a defendant, despite multiple warnings and extensions, warrants dismissal of the claim without prejudice.
• McCray v. Twp. of Eatonville Fla.
  M.D. Fla.· 2024-10-17
  The court extended the time for service of process for sixty days, rather than dismissing the claims against the Township, because the statute of limitations would likely bar refiling.
• Gatlyn v. Doe
  S.D. Fla.· 2024-10-15
  The court granted in part and denied in part the motion to quash service or dismiss, dismissing official capacity claims and injunctive/declaratory relief as moot or barred by sovereign immunity, but extending time for the plaintiff to serve the personal representative for indivi
• Perdomo v. U.S. Citizenship & Immigr. Servs. (USCIS)
  S.D. Fla.· 2024-10-08
  The Court adopts the Magistrate Judge's Report and Recommendation, dismissing the Plaintiff's Complaint without prejudice.
• Tom v. 7th Ace, LLC
  M.D. Fla.· 2024-10-07
  The court denied Plaintiff's motion for default judgment because service of process was improper and premature.
• Baines v. Frontline Asset Strategies, LLC
  M.D. Fla.· 2024-08-30
  The court denied the motion for default because service was improper after the defendant withdrew its authority to transact business in Florida.
• Smith v. Alvarez
  N.D. Fla.· 2024-08-06
  Claims against a defendant must be dismissed without prejudice for failure to effect service when the U.S. Marshals Service cannot locate the defendant after reasonable efforts and the plaintiff fails to provide a service address or show cause.
• Christophe v. Sasser
  N.D. Fla.· 2024-08-06
  A prisoner's failure to properly exhaust available administrative remedies before filing suit requires dismissal of the action without prejudice.
• Restricted Filer - Montford v. Pryor, Jr.
  S.D. Fla.· 2024-06-25
  John Montford, a serial litigant designated a "restricted filer" in 2008, filed suit in state court alleging a decades-long conspiracy by federal judges, state officials, and others to violate his constitutional rights through discriminatory practices and retaliatory decisions in
• Burgess v. Hodgson
  M.D. Fla.· 2024-06-03
  The court held that defendants failed to prove the plaintiff did not exhaust administrative remedies and that service was timely due to court intervention, but dismissed the retaliation claim against one defendant for failure to state a claim.
• Green v. United Servs. Auto. Ass'n
  M.D. Fla.· 2024-05-24
  The court held that the plaintiff is compelled to arbitrate her claims, and the action is stayed pending arbitration, but the motion to dismiss is otherwise denied.
• Morancy v. Saloman
  M.D. Fla.· 2024-04-05
  The court denied the plaintiffs' motion for clerk's default against Carlos A. Otero because the motion failed to comply with local rules and federal rules regarding service of process.
• Aranda v. Comm'r of Soc. Sec.
  S.D. Fla.· 2024-03-08
  The court held that it lacked subject-matter jurisdiction to review the MSPB's denial of attorney's fees because the plaintiff's claim was not a 'case of discrimination' as required for federal district court review under the CSRA.
• K.S. v. Sch. Bd. of Orange Cnty.
  M.D. Fla.· 2024-02-16
  The court held that the complaint was a shotgun pleading and dismissed it without prejudice, but denied the motion to dismiss on other grounds.
• Rooney v. Mercedes Benz Fin. Servs.
  S.D. Fla.· 2023-11-14
  The court held that service of process on the defendant corporation was insufficient as attempted by the plaintiff.