My question involves court procedures for the state of: Florida
This is an interesting series of events:
1. Defendant is a resident of Israel, using the internet to Defame plaintiff and contacting individuals associated with the Plaintiff in Florida for the sake of hurting his reputation.
2. Plaintiff (pro se) filled a defamation suit against Defendant, and sent Claim and summons to Defendant via regular mail.
3. Defendant filled a motion to DISMISS shortly after (giving his home address) (but never asked that it be scheduled for hearing), claiming lack of service by Hague convention and diving in to the merits of the case and essentially submitted a defense under a the title to dismiss.
4. Defendant registered himself to the eportal using a fake email (but operational one) from Iran masking his IP address via a VPN, calling himself Escaped Convict.
5. Plaintiff filled motions for discovery, motion to compel, motion to strike pleadings, (hence motion to dismiss was stricken) motion for default judgment and finally obtained a final judgment.
6. Plaintiff sent notices of the hearings via registered mail and to the email Defendant provided.
7. days after final judgment was entered Defendant filed motion to vacate final judgment and a "renewed motion to dismiss", claiming lack of service by hague and excusable negligence.
in support of these motions Defendant filled an aff. saying he thought that once he filled the motion to dismiss everything is ok and no further actions would be taken in the case. He said he was
not aware of the proceedings, (omitting the fact the he registered using the phony e mail) and claiming he does not live at the address he provided on his first and only motion, and claimed his parents
live there. (The same address he provided)
The Defendant is an admitted pedophile but was very charged because he expressed remorse, and his actions were taken in retribution against the Plaintiff how exposed him as such.
Any suggestions on how to attack this matter from Plaintiffs stand point?
This is an interesting series of events:
1. Defendant is a resident of Israel, using the internet to Defame plaintiff and contacting individuals associated with the Plaintiff in Florida for the sake of hurting his reputation.
2. Plaintiff (pro se) filled a defamation suit against Defendant, and sent Claim and summons to Defendant via regular mail.
3. Defendant filled a motion to DISMISS shortly after (giving his home address) (but never asked that it be scheduled for hearing), claiming lack of service by Hague convention and diving in to the merits of the case and essentially submitted a defense under a the title to dismiss.
4. Defendant registered himself to the eportal using a fake email (but operational one) from Iran masking his IP address via a VPN, calling himself Escaped Convict.
5. Plaintiff filled motions for discovery, motion to compel, motion to strike pleadings, (hence motion to dismiss was stricken) motion for default judgment and finally obtained a final judgment.
6. Plaintiff sent notices of the hearings via registered mail and to the email Defendant provided.
7. days after final judgment was entered Defendant filed motion to vacate final judgment and a "renewed motion to dismiss", claiming lack of service by hague and excusable negligence.
in support of these motions Defendant filled an aff. saying he thought that once he filled the motion to dismiss everything is ok and no further actions would be taken in the case. He said he was
not aware of the proceedings, (omitting the fact the he registered using the phony e mail) and claiming he does not live at the address he provided on his first and only motion, and claimed his parents
live there. (The same address he provided)
The Defendant is an admitted pedophile but was very charged because he expressed remorse, and his actions were taken in retribution against the Plaintiff how exposed him as such.
Any suggestions on how to attack this matter from Plaintiffs stand point?
Service of Process: Hague Convention and Usage of a Phony to E Mail to Sign on to the E Portal
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