IBERIA, LINEAS AEREAS DE ESPANA, S. A., APPELLANT,
v.
CHARLES KNAPP, AS FATHER OF CLYDE KNAPP, A DECEASED MINOR, AND AS HUSBAND OF ETHYLE KNAPP, ET AL., APPELLEES

Fla. 3d DCA | 1972-04-11
No. 71-1072
Per Curiam
260 So. 2d 868 Florida District Court of Appeal, Third District (1972) Positive Treatment
Cited by 8 cases

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Synopsis

Florida court affirmed jurisdiction over foreign air carrier Iberia based on proper service on its designated resident agent in Dade County, where the carrier maintained a substantial ticket sales office.


Holding

Service of process on a foreign air carrier's designated resident agent at its Florida office is proper and effective to obtain jurisdiction when the carrier has qualified with the Florida Secretary of State and conducts substantial business through that office.


Headnotes

[1] Service of process on a foreign corporation's designated resident agent at its principal place of business in the state is effective to obtain jurisdiction when the corpo…

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Facts & Procedural History

Iberia, a foreign air carrier operating commercial flights between New York and foreign countries, was sued in Dade County following an aircraft crash…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

This is an interlocutory appeal from an order denying a motion of the appellant-defendant to dismiss for want of jurisdiction. The appellant is a foreign air carrier conducting commercial flights between New York and foreign countries. This action, in which it was made a defendant, arose out of a crash of certain commercial aircraft in Dade County. The defendant was served by summons in Dade County, by delivery of a copy of the summons to one G. P. Plasencia, the resident agent of the defendant.

We hold that the order sustaining the service of process on the appellant-defendant was correct. The defendant had qualified with the Florida Secretary of State and had appointed the said resident agent. It was shown that an office maintained by the defendant in Dade County, Florida, was and for some years had been operated by its said resident agent, with a number of other employees, wherein it solicited and contracted for business through sale of tickets for flights on the defendant carrier outside of Florida and to foreign countries. The amount of the business so conducted in Florida was shown to be substantial if not extensive. The service of process upon the agent who was the designated resident agent, and the managing agent in fact of the defendant’s business office in this state was proper and effective to obtain jurisdiction over the defendant. See § 48.081(3) Fla.Stat., F.S.A.; Junction Bit & Tool Co. v. Institutional Mortgage Co., Fla.App.1970, 240 So.2d 879; Hoffman v. Air India, 5 Cir.1968, 393 F.2d 507.

Affirmed.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • Iberia v. Knapp, 260 So. 2d 870 (Fla. 3d DCA 1972)
    …PER CURIAM. Affirmed on authority of Iberia, Lineas de Espana, S. A. v. Knapp, Fla.App.1972, 260 So. 2d 868, decided this date.…
  • Iberia v. Knapp, 260 So. 2d 869 (Fla. 3d DCA 1972)
    …PER CURIAM. Affirmed on authority of Iberia, Lineas de Espana, S. A. v. Knapp, Fla.App.1972, 260 So. 2d 868, decided this date.…
  • Iberia v. Cruias, 260 So. 2d 870 (Fla. 3d DCA 1972)
    …PER CURIAM. Affirmed on authority of Iberia, Lineas de Espana, S. A. v. Knapp, Fla.App.1972, 260 So. 2d 868, decided this date.…

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