Kevin Hart Seeks to Dismiss Sex Tape Lawsuit for Improper Service

A plaintiff has the obligation to properly serve a lawsuit upon a defendant. The method by which a lawsuit must be served is governed by each state’s statutes and these statutes are strictly construed. In Florida, service of process is governed by Chapter 48, Florida Statutes.

Actor and comedian Kevin Hart has been sued for allegedly taping a sexual encounter. Hart has sought to have the judge dismiss this lawsuit because the process server threw out a set of papers in view of a security guard. Hart argues that he guard does not live at his house (in Florida, it is proper service to serve a co-resident) and that he was not authorized to accept service of the lawsuit. He therefore is asking the judge to dismiss the lawsuit as the service was improper.

Based upon these facts, this service would be improper in Florida. The security guard was not authorized to accept service, he did not reside with Hart, and the documents were thrown out of a car window.

Read more about the lawsuit and Hart’s argument for dismissal here.

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