IN_THE THIRD DISTRICT COURT OF APPEAL. STATE OF FLORIDA Sun Trust Bank Appellant DCA Case No: 3D09-1952 L.T, Case No: 09-14005 CA01 (09) v. Electronic Wireless Corp., and Fabian Pesantes Appellees 1 APPELLEE'S MOTION TO DISMISS APPEAL Pursuant to Florida Appellate Rule 9.300, the appellees move to dismiss the appeal and says: 1. This is an appeal on a non final order granting a motion to quash service in July 43, 2009. 2. The order also extended time for appellant to perfect service. The original ‘summons is issued prior to February 23, 2009 more than 120 days preceding the granting of the motion to quash service on July 13, 2009, which motion had been served March 12, 2009. 3. Plaintiff has subsequently (to the July 13, 2009 hearing) made service on the defendants, thus accepting a benefit under the order which they had sought, even though time had expired pursuant to Fla. Rules of Civil Procedure 1.070 () (Copies of summons with note of service is attached) 4. Such constitutes at least invited error and an inconsistent position, and therefore, the appeal should be dismissed.WHEREFORE, appellees move to dismiss the appeal. | HEREBY CERTIFY that a true and correct copy of the foregoing was mailed this day of August, 2009 to: Jeffrey T. Kuntz, Esq., Gray Robinson, P.A., 401 E. Las Olas Boulevard, Suite 1850, Fort Lauderdale, Florida 33301 and John M. Brennan, Esq., Gray Robinson, P.A., 301 East Pine Street, Suite 1400, Orlando, Florida 32801., attorneys for appellant. FERDIE AND LONES, CHARTERED Attorneys for Appellees 717 Ponce de Leon Blvd., Suite #223 Coral Gables, Florida 33134 Tel: 305-445-3557; Fax: 305-441-6401 By: AINSLEE R. FERDIE F.B, NO: 024273IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA CASENO: 09-14005 CA 01 (99) SunTrust Bank, a Georgia Corporation, f-os- 04- © Yo tw Plaintiff, th rm V v. va Electronic Wireless Corp., Florida corporation; and Fabian Pesantes, individually, Defendants. ! ALIAS SUMMONS PERSONAL SERVICE ON AN INDIVIDUAL Fabian Pesantes 13055 Arch Creek Terrace North Miami, Florida 33181 IMPOR’ ‘A lawsuit has been filed against you. You have 20 calendar days after this summons is served on you to file a written response to the attached Complaint in this Court to the Clerk of the Court, Miami-Dade County Courthouse, 73 West Flaglor Street, Miami, Florida 33130 and to serve a copy of the written response to Plaintiff's attomey, John M. Brennan, Esquire, and Jeffrey T. Kuntz, Esquire, whose address is GrayRobinson, P.A., 401 East Las Olas Boulevard, Suite 1850, Fort Lauderdale, Florida 33301. A phone call will not protect you; your written response, including the above case number and named parties, must be filed if you want the Court to hear your case. If you do not file your response on time, you may lose the case, and your wages, money, and property may thereafter be taken without further warning from the Court, There are other legal requirements. You may want to call an attomey right away. If you do not know an attorney, you may call an attorney referral service or a legal aid office (listed in the phone book). If you choose to file a written response yourself, at the same time you file your written response (0 the Court you must also mail or take a carbon copy or photocopy of your written response to the “Plaintiff/Plaintif?’s Attorney” named below. IN ACCORDANCE WITH AMERICANS WITH DISABILITIES ACT OF 1980, PRRSONS NEEDING A SPECIAL DAG MMODATION 70 PARTICIPATE IN THIS PROCEEDING SHALL, NO LATER THAN SEVEN (1) DAYS seton tO TIE PROCEEDINGS, CONTACT THE ADMINISTRATIVE OFFICK OF THE COURT, 3. WEST. Pe er Bn SPMIcE NIAML FLORIDA 33181, TELEPHONE (305) 373-2006, 1-800-955-8771 (TDD), OR 1-800-956- 8770 @), VIA FLORIDA RELAY SERVICE. on e Lag are 1of3John M. Brennan Jeffrey T. Kuntz GRAYROBINSON, P.A- ‘Attorneys for the Plaintiff 401 Bast Las Olas Boulevard Suite 1850 Fort Lauderdale, Florida 33301 (954) 761-8111 (954) 761-8112 — Fax ‘THE STATE OF FLORIDA. ‘TO BACH SHERIFF OF THE STATE: You are commanded to serve this Summons and a COPY of the Complaint in this lawsuit on the above-named Defendant. A DATED ON.___, 2009- HARVEY RUVIN As Clerk of the Court (SEAL) EIN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA CASE NO: 09-14005 CA 01 (09) ‘SunTrust Bank, a Georgia Corporation, $- 05-04%. 6 US Qe Plaintiff, Electronic Wireless Corp., a Florida corporation; and Fabian Pesantes, individually, Defendants. LIAS CIVIL ACTION SUMMONS ALIAS CIVIL ACTION SUMMONS ‘THE STATE OF FLORIDA: ‘To All and Singular the Sheriffs of the State: YOU ARE HEREBY COMMANDED to serve this Summons and a copy of the Complaint on Electronic Wireless Corp., a Florida corporation By Serving: Fabian Pesantes, Registered Agent 1650 NW 95" Avenue Miami, Florida 33172 Bach Defendant is required to file original written defenses to the Complaint to the Clerk of the Court, Miami-Dade County Courthouse, 73 West Flagler Street, Miami, Florida 33130 and to serve a copy of the written defenses to the Complaint on Plaintiff's attomey, John M. Brennan, Esquire, and Jeffrey T. Kuntz, Esquire, whose address is GrayRobinson, P.A., 401 East Las Olas Boulevard, Suite 1850, Fort Lauderdale, Florida 33301 within 20 days after service of this Summons on that Defendant, exclusive of the ay of service and to file the original of the defenses, with the Clerk of this Court either defore service on Plaintiff's attorneys or immediately thereafter. If a Defendant fails to do so, a default will be entered against that Defendant for the relief demanded in the Complaint. 1 0f2IN ACCORDANCE WITH AMERICANS WITH DISABILITIES ACT OF 1990, PERSONS NEEDING A SPECIAL ACCOMMODATION TO PARTICIPATE IN THIS PROCEEDING SHALL, NO LATER THAN SEVEN (7) DAYS PRIOR TO THE PROCEEDINGS, CONTACT THE ADMINISTRATIVE OFFICE OF THE COURT, 73 WEST FLAGLER STREET, MIAMI, FLORIDA 33131, TELEPHONE (305) 373-2006, 1-800-955-8771 (TDD), OR 1-800-955-8770 (v), VIA FLORIDA RELAY SERVICE. WITNESS my hand and the seal of said Court orgy, 14.2009 __, 2009. HARVEY RUVIN, as Clerk of said Court by___WARON BETHEL Deputy Clerk (Court Seal) 26120324 20f2