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Originally Posted by Mutt
Correct, if filed timely, the action tolls the SoL. There is a specific time in the Fl. Rules of Civ. Pr. for service in an action. If the party is not served within that time the action fails of its own. I think filing any type of motion would constitute an appearance and be detrimental to your position. However, monitor the local papers in case he attempts to serve you by publication.
Mutt
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Thanks Mutt,
I would clarify my post to state that you should file a motion to dismiss once served. If after you are served you do not answer a default judgment will be rendered and it will be too late. Another way you can see if process of service has been completed by publication is check the court web site.