CIVIL PROCEDURE: PERSONAL JURISDICTION: SERVICE OF PROCESS: SERVICE ON PARENT CORPORATION THROUGH INDIRECT SUBSIDIARY

Sol Melia, S.A. v. Fontana, ___ So. 3d ___, 36 Fla. L. Weekly D1910 (Fla. 3d DCA August 31, 2011)

The plaintiff could not obtain personal jurisdiction over the foreign parent corporation by serving its indirect subsidiary in the State of Florida because the parent did not exercise control over the day-to-day operations of the subsidiary.  The parent owned a … Click To Read Full Case Law Review...

CIVIL PROCEDURE: VENUE: FORUM NON CONVENIENS

Regions Financial Corp. v. Mercenari, ___ So. 3d ___, 36 Fla. L. Weekly D1910 (Fla. 3d DCA August 31, 2011)

The appellate court affirmed the denial of a motion to transfer venue based upon forum non conveniens because the plaintiffs’ choice of venue is presumptively correct; the “defendant bears the burden to prove that a trial in the county in … Click To Read Full Case Law Review...

TORTS: SOVEREIGN IMMUNITY: POLICE OFFICERS RESPONDING TO SCENE OF BURGLARY; APPEALS: CERTIORARI

Miami-Dade County v. Rodriguez, ___ So. 3d ___, 36 Fla. L. Weekly D1912 (Fla. 3d DCA August 31, 2011)

A police officer, who responded to the scene of a burglary, shot the store owner when he arrived with his gun drawn and pointed it at the officer.  The store owner sued the county for negligence, and the trial court denied … Click To Read Full Case Law Review...

CIVIL PROCEDURE: SERVICE OF PROCESS: HAGUE CONVENTION

Grupo Radio Centro S.A.B. De C.V. v. American Merchant Banking Group, Inc., ___ So. 3d ___, 36 Fla. L. Weekly D1916 (Fla. 3d DCA August 31, 2011)

Service of process upon the defendant in Mexico was invalid under the Hague Convention because the summons did not specify whether the “required response time was calculated in business days or calendar days.”  … Click To Read Full Case Law Review...

CONTRACTS: CIVIL PROCEDURE: SUMMARY JUDGMENT: AFFIRMATIVE DEFENSE

Riverwood Condominium Association, Inc. v. Litecrete, Inc., ___ So. 3d ___, 36 Fla. L. Weekly D 1916 (Fla. 3d DCA August 31, 2011)

The condominium association hired the contractor to perform roof repairs.  When the work was completed, the association refused to make the final payment, and the contractor sued for breach of contract, unjust enrichment, and account stated.  The … Click To Read Full Case Law Review...