Angel E. Gaston v. Lifestream Behavioral Center, Inc.
CourtDistrict Court of Appeal of Florida
Date FiledOctober 23, 2026
Docket5D2024-2407
StatusPublished
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Full Opinion
FIFTH DISTRICT COURT OF APPEAL
STATE OF FLORIDA
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Case No. 5D2024-2407
LT Case No. 2023-CA-2188
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ANGEL E. GASTON,
Appellant,
v.
LIFESTREAM BEHAVIORAL
CENTER, INC.,
Appellee.
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On appeal from the Circuit Court for Lake County.
Brian J. Welke, Judge.
Angel E. Gaston, Bushnell, pro se.
Scott A. Cole, Francesca M. Stein, and Isabella Sanchez, of Cole,
Scott & Kissane, P.A., Miami, for Appellee.
John K. Londot and M. Hope Keating, of Greenberg Traurig,
P.A., Tallahassee, Amicus Curiae, for The Florida Association of
Court Clerks.
October 23, 2026
SOUD, J.
Appellant Angel Gaston appeals the trial court’s dismissal of
his civil suit against Appellee Lifestream Behavioral Center, Inc.
and four unknown defendants for failing to serve the summons and
complaint within the time required by Florida law. We have
jurisdiction. See Art. V, § 4(b)(1), Fla. Const.; Fla. R. App. P.
9.030(b)(1)(A). We affirm.
Gaston filed a Complaint alleging a false arrest by the
Leesburg Police Department and involuntary commitment under
Florida’s Baker Act. Pertinent here, he asserts claims against
Lifestream Behavioral Center, Inc., asserting he was improperly
evaluated, held against his will, and assaulted by four unknown
personnel. 1 Gaston, a prisoner, was found indigent by the clerk of
court.
Gaston argues that the trial court erred in dismissing his case
for failing to timely serve the summons and complaint upon the
defendants below, as required by Florida Rule of Civil Procedure
1.070(j). Rather, distilled to its essence, Gaston posits that the
clerk of court failed to consider his circumstances as an
incarcerated indigent litigant and was duty bound to assist him in
issuing a summons to each defendant and effectuating service. His
argument fails because it is premised on a misunderstanding of
the Florida Rules of Civil Procedure and the requirements placed
upon him thereby. 2
1 Gaston filed a separate complaint against Lake County and
numerous other defendants in lower court case no. 35–2023–CA–
002427–AXXXX–XX, asserting numerous claims stemming from
his arrest by the Leesburg Police Department and subsequent
detention. After the trial court dismissed that complaint for failure
to serve initial process and pleading, this Court reversed and
remanded for further proceedings. See Gaston v. Lake County
(Gaston I), 407 So. 3d 515 (Fla. 5th DCA 2025) (reversing and
remanding for the trial court to determine if Gaston’s claims were
legally sufficient and, if so, to follow the procedures set forth in
section 57.085(5), Florida Statutes).
2 Pursuant to this Court’s order, the Florida Association of
Court Clerks submitted its Amicus Curiae Brief addressing actions
taken by Florida clerks of court in cases filed by indigent prisoners,
2
Generally, when the plaintiff initiating a legal action is
indigent, that party, if not a prisoner, is entitled by Florida law to
“receive the services of the courts, sheriffs, and clerks, with respect
to such proceedings, despite his or her present inability to pay for
these services.” § 57.081(1), Fla. Stat. (2022). Such services “are
limited to” those identified in the statute, which include filing fees
and service of process. See id. Any party certified to be indigent
under section 27.52 or 57.082 “is not required to prepay costs to a
court, clerk, or sheriff and is not required to pay filing fees or
charges for issuance of a summons.” Id.
If a plaintiff is a prisoner, as is Gaston, rather than waiving
the prepayment of costs, section 57.085 provides for a deferral of
payment of such costs. See § 57.085, Fla. Stat. Such a prisoner
must file an affidavit of indigence, which is reviewed by the clerk
of court. See § 57.085(2)–(3). If the clerk concludes the prisoner is
indigent, then “[b]efore an indigent prisoner may . . . initiate any
judicial proceeding, the court must review the prisoner’s claim to
determine whether it is legally sufficient to state a cause of action
for which the court has jurisdiction and may grant relief.” See §
57.085(6). If permitted to proceed, then the prisoner is entitled to
receive the services provided by the courts, clerks, and sheriffs and
defer the payment of the related costs as contemplated by the
statute. See § 57.085(3)–(7).
Based on this statute, Gaston insists that he, as an indigent
prisoner, is entitled to have the trial court or clerk of court consider
his status as an indigent prisoner and assist him with the issuance
of summons and serve process upon the defendants. But his
argument simply misperceives Florida law.
The services provided by the court, clerk, and sheriff are those
the law requires of each. 3 Pertinent here, upon the filing of a
complaint commencing a legal action, a “summons or other process
including issuing summons and other matters regarding service of
process.
3 By setting forth the respective responsibilities of the courts,
clerks of court, and sheriffs when an indigent prisoner seeks to file
a civil cause of action, we clarify dicta in Gaston I related thereto.
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authorized by law must be promptly issued by the clerk . . . under
the clerk’s . . . signature and the seal of the court and delivered for
service.” Fla. R. Civ. P. 1.070(a). Then, the summons issued by the
clerk, which “shall be directed to all and singular the sheriffs of the
state,” § 48.011, Fla. Stat., is to be served upon a defendant by “the
sheriff of the county where the person to be served is found” or a
private process server, § 48.021(1), Fla. Stat.
Importantly, however, the clerk of court simply issues the
summons presented. See Fla. R. Civ. P. 1.070(a). The burden is
upon the plaintiff to prepare the summons that is to be issued by
the clerk. See Al-Hakim v. State, 783 So. 2d 293, 295 (Fla. 5th DCA
2001) (Peterson, J., concurring specially) (“Preparation of the
summons with a copy of the complaint attached is the burden of
the petitioner, not the clerk.”).
Further, the clerk of court does not serve the summons and
complaint upon a defendant. 4 As the plain language of Rule 1.070
makes clear in implementing Chapter 48 of Florida Statutes, after
the summons is issued by the clerk, it is “delivered for service.”
Fla. R. Civ. P. 1.070(a). The sheriff or process server then serves
the initial process upon each defendant. See § 48.021, Fla. Stat.;
see also Fla. R. Civ. P. 1.070(b).
Here, there is nothing in the record before us that suggests
Gaston presented to the clerk of court a completed summons for
issuance. Neither Gaston’s status as an indigent prisoner, nor any
of Gaston’s other numerous filings in the trial court, relieved him
of this burden or entitled him to services of the clerk’s office beyond
that provided by statute or rule. Gaston having failed to prepare
the summons for each defendant, there was nothing for the clerk
4 As the Florida Association of Court Clerks noted in its
amicus brief, there are two exceptions to the clerk of court’s
detachment from service of initial process. See Fla. Sm. Cl. R.
7.070(a) (service upon Florida residents by certified mail, return
receipt requested); see also § 48.183, Fla. Stat. (service of process
in action for possession of premises), § 48.184, Fla. Stat. (service of
process for removal of unknown parties in possession).
4
to issue and, resultingly, nothing for the appropriate sheriff (or
process server) to serve upon the defendants.
As a result, we AFFIRM the trial court’s dismissal of Gaston’s
complaint for failure to serve process as required by Rule 1.070(j).
It is so ordered.
MAKAR and EISNAUGLE, JJ., concur.
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Not final until disposition of any timely and
authorized motion under Fla. R. App. P. 9.330 or
9.331.
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