Legal Opinion

Byers v. FIA Card Services, N.A.

District Court of Appeal of Florida

Decided March 14, 2012No. 4D11-2807PublishedCited by 8 opinions

1Per curiam

Appellant, Stephen Byers, appeals from the trial court’s order denying his motion to quash service of process by FIA Card Services, N.A. (“FIA”). He argues that the trial court erred in finding that he waived his right to challenge the sufficiency of service of process by filing a motion for extension of time. We agree.

After the complaint against Byers was filed by FIA, Byers filed a pro se motion for extension of time to respond to the complaint which was agreed to by FIA and then granted by the trial court. Within the time granted by the extension, Byers filed his motion to quash service…

2Cases cited3 opinions

  1. Cumberland Software, Inc. v. GREAT AM. MORTG.District Court of Appeal of Florida · 1987
  2. Barrios v. Sunshine State BankDistrict Court of Appeal of Florida · 1984
  3. Bush v. SchiavoDistrict Court of Appeal of Florida · 2004

3Cited by8 opinions

  1. Raul J. Cepero a/k/a Raul De Jesus Cepero and Leslie Cepero v. The Bank of New York Mellon Trust CompanyDistrict Court of Appeal of Florida · 2016
  2. Chestnut v. Nationstar MortgageDistrict Court of Appeal of Florida · 2018
  3. Gabriela Benedetto v. U.S. Bank National AssociationDistrict Court of Appeal of Florida · 2015
  4. Yelton v. Wells Fargo Bank, N.A.District Court of Appeal of Florida · 2014
  5. Horton v. HortonDistrict Court of Appeal of Florida · 2015

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