Grupo Radio Centro S.A.B. De C v. v. American Merchant Banking Group, Inc.
71 So. 3d 151
| Fla. Dist. Ct. App. | 2011Background
- American Merchant Banking Group, Inc. filed suit in February 2010 against Grupo Radio and its subsidiary Grupo Radio L.A. for consulting services under an alleged oral contract.
- American originally served only Grupo Radio L.A., believing it acted as an agent for Grupo Radio, but lacked evidence of exclusive control over Grupo Radio L.A. to prove agency.
- American attempted service on Grupo Radio in Mexico under the Hague Convention using a foreign alias summons.
- The summons under the Hague Convention was deficient because it did not specify whether the required response time was in business days or calendar days.
- The Florida appellate court held that the Hague Convention applies and that American may amend the alias summons to cure the defect, reversing the trial court and remanding for proper service.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Hague service in Mexico was proper | Grupo argues service was improper due to alias summons defect. | American contends Hague compliance and curable defect via amendment. | Service defective; remand for proper service |
| Whether failure to specify days (business vs calendar) invalidated service | Grupo contends defect rendered service invalid. | American asserts defect is curable under Hague; amendment allowed. | Hague applies; amendment can cure the defect |
Key Cases Cited
- Volkswagenwerk AG v. Schlunk, 486 U.S. 694 (Supreme Court 1988) (Hague pre-empts inconsistent service methods; mandatory in applicable cases)
- Chabert v. Bacquie, 694 So.2d 805 (Fla. 4th DCA 1997) (Hague Convention applies to transmissions for service abroad; Florida recognizes its requirements)