American International Telephone, Inc. v. Mony Travel Services, Inc.
Plaintiff American International Telephone, Inc. (AIT) sought an extension of time to serve defendant Carlos Duran, president of Mony Travel Services of Florida, Inc., after initial attempts at service were unsuccessful and Duran claimed to have moved. The court found AIT exercised reasonably diligent efforts and that extending the deadline would not prejudice Duran, who was aware of the action. Concurrently, Mony Travel Services of Florida moved for a protective order against depositions of Duran and its counsel, Francis Markey. The court denied the protective order for Duran's deposition, allowing inquiry into service of process issues. However, the protective order for Markey was granted, as mailing a copy of the complaint to an attorney is not a valid method of service under Florida law. The court granted AIT an extension to serve Duran until October 26, 2001, with conditions regarding deposition timing.