News Brief

Del Gatto and Gauer Prevail in Motion to Quash Service of Process, Showing Plaintiff’s Failure to Comply with Hague Convention

November 8, 2021

Brian Del Gatto (Partner-Phoenix, AZ) and Danielle Gauer (Associate-Miami, FL) prevailed in the U.S. District Court, Southern District of Florida, which granted their Canadian client’s Motion to Quash Service of Process as the client, sued for negligence arising out of a motor vehicle collision in Florida, currently resides in the province of Quebec, Canada. The plaintiff attempted to perfect service of process on our client at her Florida residence, but after various attempts, the service was unsuccessful. The Return of Service filed by the plaintiff showed that our client was served through Florida’s Secretary of State in Tallahassee with the summons, Complaint and prior affidavit of non-service. Brian and Danielle filed a Motion to Quash Service of Process, arguing that the plaintiff failed to comply with the Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil and Commercial Matters. This decision demonstrates that the Hague Convention imposes special requirements for service of documents on Canadian defendants residing in the province of Quebec. Specifically in Florida that originating documents should be served via the central authority and most likely are required to be translated into French to ensure that Quebec defendants receive proper notice and are able to defend themselves accordingly. 

A copy of the decision is attached.

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