Grupo Radio Centro S.A.B. de C.V. v. American Merchant Banking Group, Inc. and Spanish Radio Productions, Inc.

71 So. 3d 151 (Fla. 3d DCA 2011) · District Court of Appeal of Florida, Third District · August 31, 2011 · No. No. 3D10-3237

Summary

The Florida Third District Court of Appeal held that service of process on a Mexican defendant was improper because the alias summons did not specify whether the response period was measured in business days or calendar days, as required for service under the Hague Convention. The court reversed the denial of the motion to quash service and the dismissal of the complaint, and remanded for proper service.

Holdings

  1. Service was improper because the alias summons failed to state whether Grupo Radio Centro's response time was calculated in business days or calendar days, a specification required for proper service under the Hague Convention in Mexico.

Questions Presented

  1. Whether service of process on Grupo Radio Centro in Mexico complied with the Hague Convention.
  2. Whether the trial court properly denied the motion to quash service and dismissed the amended complaint after the defective service.

Disposition

reversed_and_remanded

Cases Cited (2)

  • Volkswagenwerk AG v. Schlunk, 486 U.S. 694, 698-99, 705, 108 S. Ct. 2104, 100 L. Ed. 2d 722 (1988)(followed)
  • Chabert v. Bacquie, 694 So. 2d 805, 812 (Fla. 4th DCA 1997)(followed)

Cited In (0)

No citing cases on record yet.

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