FACT SCENARIO - WILL BE USED FOR FINAL MEMO AS WELL 48.062, 65.0117

We represent Orange Bank & Trust - Our client loaned $150,000.00 TMC LLC - TOM MATER Motors LLC, a Florida company which was guaranteed by Tom Mater (pronounced Mee-der). TMC defaulted due to non-payment. A lawsuit was filed for breach of contract PROMISSORY NOTE. TMC is an active company registered with the Secretary of State whose address is 455 S Orlando Avenue, Radiator Springs, FL 32258 with TM as the Registered Agent. We will refer to this as the Orlando Ave Address. After the Complaint was filed, the following service of process was attempted on Mater:

Attempt one made on TM - process server was unable to make service because TM did not maintain an active address - the Orlando address was now a spa ran by his sister.

After doing several searches, another address was found for Mater located in Sandford - however, someone else lived there and the property was being occupied by another person.

Conducted real property search, and found what seems to be a current home address for Mater.

Attempt to serve TM as Registered Agent at Tom Mater's new home at 6899 Winding Road Daytona Beach Florida 32837 - known as the Daytona address. When the process server arrived at the Daytona address, His wife Holly was home. She confirmed to the process server that she was his wife, and when the process server asked Holly to check if Mater was inside the home, she became uncooperative and did not go search for him. (Professor repeated last sentence) Process server found Holly home and she identified herself as his wife and she confirmed that's the place of residence. Holly became uncooperative, refused to check if Mater was home, and also refused to take any documents. The process server left the documents and the summons on the floor in front of Holly. Those representing TM - Intends to file motion to quash - due to service upon Holly. That Holly is not a registered agent employee or MNGR of TM.

TM claimed the service was invalid due to the manner she was served according to FL Stat 48.062 & 48.061., claiming he did not give her the papers instead he dropped them on the ground.

Prepare a Memo - Draft due next class & final the following week. Follow IRAC method & use same header as Ethic Memo.

Those representing TM - Prepare Memo analyzing Fla. Stat. 48 and any other relevant Fla. Stat.

Those representing Orange Bank will need to file a response to quash - claiming service was proper 48.063 48.031.

Prepare Memo analyzing these two statutes determining if the service on Holly was valid.

Which supports that service on TM & Holly was VALID.

THIS WEEK IS JUST DRAFT TO SHOW ANALYSIS OF THE STATUTE (NEXT WEEK WILL DO RESEARCH)

*we are Representing the bank*

The memo should be as detailed as it can

For this assignment, using the information provided in the fact scenario given during class, submit a draft of the following portions of the Final Memorandum you will be drafting.

1. Issue/Facts

2. Statutes (pertinent parts); and

3. Analysis of the stated statutes

Use the IRAC format when preparing your draft, but only include the sections referenced above.

Bill your time for working on the draft to "Final Memorandum."