Disgest for February 18, 2011
Posted on February 18, 2011
Sunseeker International Ltd v. Devers, 50 So.3d 715 (Fla. App. 4th Dist. Dec. 15, 2010). English boat manufacturer sought review of denial of its motion to quash service of Florida complaint based on failure to comply with Hague Convention and Florida statute regarding service of foreign corporation. The company had at one time been registered to do business in Florida, but had since withdrawn its registration. The Appeals Court, applying the Florida statute, found that the plaintiff did not meet its burdens of pleading and proof that the entity served (a mere distributor) was a business agent of the manufacturer.