Legal Opinion

Jeannie A. Horenkamp v. Van Winkle & Co., Inc.

Court of Appeals for the Eleventh Circuit

Decided March 11, 2005No. 04-13376PublishedCited by 216 opinions

1Opinion of the Court

HILL, Circuit Judge:

Van Winkle and Company, Inc. appeals the denial of its motion to dismiss Jeannie A. Horenkamp’s complaint for failure to timely perfect service of process. For the following reasons, we affirm the district court’s denial of the motion.

I

Jeannie A. Horenkamp filed her complaint against Van Winkle and Company, Inc. (“Van Winkle”) on October 27, 2003. On October 30, 2003, she mailed Van Winkle a request for waiver of service. Van Winkle did not return the waiver. Mistakenly believing that she had until March 26, 2004, to perfect service, on February 26, 2004 (122 days after…

2Cases cited21 opinions

  1. David Petrucelli Tracy A. Petrucelli, Husband and Wife v. Bohringer and Ratzinger, Gmbh Ausdereitungsanlagen Jake Diel Construction MacHine Inc. Teco Electric and MacHine Company, Ltd. v. Excel Recycling & Manufacturing, Inc., Third-Party David Petrucelli and Tracy A. PetrucelliCourt of Appeals for the Third Circuit · 1995
  2. Henderson v. United StatesSupreme Court of the United States · 1996
  3. Toby J. Espinoza v. United StatesCourt of Appeals for the Tenth Circuit · 1995
  4. Thompson v. BrownCourt of Appeals for the Fifth Circuit · 1996
  5. Roderick Courtney Mann v. American AirlinesCourt of Appeals for the Ninth Circuit · 2003

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3Cited by216 opinions

  1. Adem A. Albra v. Advan, Inc.Court of Appeals for the Eleventh Circuit · 2007
  2. Zapata v. City of New YorkCourt of Appeals for the Second Circuit · 2007
  3. Tina M. Lepone-Dempsey v. Carroll County Comm'rsCourt of Appeals for the Eleventh Circuit · 2007
  4. Anderson v. Dunbar Armored, Inc.District Court, N.D. Georgia · 2009
  5. John Mann v. David CastielCourt of Appeals for the D.C. Circuit · 2012

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