George Zimmerman can be served with divorce papers by publication

September 24, 2013

Tuesday, September 24, 2013

Good morning:

George Zimmerman can be served with divorce papers by publication.


Florida Statutes 49.021: Service of process by publication, upon whom.—Where personal service of process or, if appropriate, service of process under s. 48.194 cannot be had, service of process by publication may be had upon any party, natural or corporate, known or unknown, including:

(1) Any known or unknown natural person, and, when described as such, the unknown spouse, heirs, devisees, grantees, creditors, or other parties claiming by, through, under, or against any known or unknown person who is known to be dead or is not known to be either dead or alive.

When a lawyer representing a party to a lawsuit, or a party representing himself without a lawyer, cannot serve a summons and the complaint or petition on the opposing party because he cannot locate the opposing party, the law permits service to be accomplished by publishing a copy of the summons and the complaint in the local newspaper every day for 90 successive days.

Publication in the Orlando Sentinel would suffice.

At the end of the 90 days, the lawyer must file an affidavit of service by publication attaching the summons and complaint or petition and describing the efforts undertaken to find the opposing party.

Service by publication will not be deemed effective, unless all reasonable efforts to locate the opposing party were attempted without success.

In the typical case, the party attempting to obtain service on the non-responding party, goes to court to obtain an order of default after the time period within which to respond to the complaint or petition expires, which is usually 20 days and starts running after the 90 day period for service by publication.

The purpose for requiring all reasonable efforts to serve the opposing party in person before resorting to service by publication is to prevent a party from obtaining a default judgment against another party without actual notice to them.

Someone in the comments mentioned the possibility that Shellie’s lawyer, Kelly Sims, might be able to serve Mark O’Mara with the divorce papers, however, the attorney typically has to agree to accept service for the client and I doubt he would agree to do that since he announced that he will not represent him on the divorce and may not know where he is living or even be in contact with him.

My impression is GZ has refused to assist O’Mara to recoup his costs in the criminal case and O’Mara no longer wants to have anything to do with him with the single exception of the pending NBC lawsuit that probably is not worth anything, given the acquittal.

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George Zimmerman hides to avoid service of process in divorce

September 22, 2013

Sunday, September 22, 2013

Good morning:

Cowardly George Zimmerman is hiding again.

This time he is hiding from his wife, Shellie Zimmerman, who is seeking to divorce him.

Her lawyer, Kelly Sims, cannot find him to serve him with a copy of the divorce petition.

The strategy will not work, however, because he can be served by publication.

Mr. Sims need only publish the divorce petition in the local newspaper for 90 days at the conclusion of which the court will deem him to have been served.


What do you all think of Chief Bracknell’s emails about George Zimmerman

September 13, 2013

Friday, September 13, 2013

Good evening:

Lake Mary Police Chief Steve Bracknell has described George Zimmerman as a time bomb waiting to explode in Sandy-Hook fashion, which has been my impression for a long time.

Frankly, I will be surprised if he does not kill Shellie Zimmerman or her lawyer Kelly Sims. Even Mark O’Mara might be at risk.

Here is a link to the emails.

Here’s Trained Observer’s comment from a little earlier today incorporating an earlier comment by Bandit:

Finally a voice of reason from law enforcement. Here’s an MSNBC report via FreakoutNation:

Florida Sheriff: If I had the authority, I would consider revoking Zimmerman’s Firearm License

September 13, 2013
By Bandit

Stating he has serious concerns about George Zimmerman’s actions, Police Chief Steve Bracknell said today that if the had the authority, he would consider revoking George Zimmerman’s firearm license, MSNBC reports. Bracknell is police chief in the city where Zimmerman resides.

Steve Bracknell, the chief of police in Lake Mary, said during a telephone interview with NBC News, “I’m a small-town police chief. If I had the authority to revoke his firearm license, I would certainly sit down and consider that.”

“Does anyone else except me see a pattern?” Bracknell added. “The word firearm keeps popping up.”

Although no gun was found on Zimmerman during the most recent incident this past Monday, Bracknell stated that Mr. Zimmerman did have a gun in his car.

In an email exchange reported by Think Progress, Chief Bracknell did tell a concerned citizen that Zimmerman had a gun in his car.

Bracknell wrote, “We did not have the authority to search his truck. He DID have a firearm in the truck. Having a firearm is not a violation of Florida law.”

Zimmerman’s former attorney previously stated on Monday that Mr. Zimmerman did have a gun.

The chief also wrote in response to the citizen’s suggestion that police in Florida were covering for Zimmerman, “REST ASSURED, the last thing on planet earth I want is ANY relationship with the Zimmermans. PERIOD.”

Bracknell also told NBC News he has “concerns” about Zimmerman. “I think a lot of people do,” Bracknell said.

Lake Mary resident Santiago Rodriguez, upset that police failed to file charges, fired off a strongly worded email – criticizing the department and Zimmerman.

Rodriguez calls Zimmerman a “ticking time bomb” and says he’s another “Sandy Hook” waiting to happen… apparently comparing him to someone capable of a mass shooting. In response to the email dated Sept 10th, 2013, Chief Steve Bracknell said “Your reference to Sandy Hook… I agree.”When contacted by the site for comment on his initial agreeance, Chief Bracknell distanced himself saying he was “referring to the fact that [Zimmerman] seems to be involved in incidents” involving firearms.

Charles P. Pierce at Esquire writes, “OK, that’s the least convincing “walk back” I’ve ever read. The guy wrote, “Sandy Hook.” The chief said, specifically, “Sandy Hook…I agree,” but now he says that he was agreeing with something else? Nope. Dog won’t hunt. Which is not to say that Crimebuster George isn’t “involved in incidents involving firearms.” He’s certainly been that.”

Earlier this week, there were doubts regarding whether Chief Bracknell actually said these things. Well, not any longer because he has basically confirmed them.

Your thoughts?


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