Gaston v. Lifestream Behavioral Center, Inc.
An indigent prisoner plaintiff's civil suit was dismissed under Rule 1.070(j) for failure to timely serve process; he argued the clerk of court was obliged to prepare and issue summonses and effect service because of his indigent-prisoner status. The Fifth DCA affirmed, holding that sections 57.081 and 57.085 only defer or waive costs — they do not shift to the clerk the plaintiff's burden to prepare the summons, and the clerk does not serve process (service is by sheriff or private process server under chapter 48).
Key facts
- Gaston, an indigent prisoner, filed a civil suit against Lifestream Behavioral Center, Inc. but failed to timely serve process on the defendant.
- The trial court dismissed Gaston's suit under Rule 1.070(j) for failure to serve; Gaston argued the clerk of court was obligated to prepare and issue summonses and effect service due to his indigent-prisoner status.
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Why it matters
The opinion, issued with amicus input from the Florida Association of Court Clerks, delineates the respective duties of courts, clerks, and sheriffs when an indigent or indigent-prisoner plaintiff initiates suit, and… — full analysis with a trial
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