6:13-cv-01811
M.D. Fla.Apr 10, 2014Background
- Plaintiffs Zamperla, Inc. and Zamperla SpA sue S.B.F. S.r.L. for breach of contract and unfair competition under Lanham Act and Florida law.
- S.B.F. S.r.L. is an Italian foreign corporation with principal place of business in Padova, Italy.
- Defendant moves to quash service of process under Fed. R. Civ. P. 12(b)(5) after being served in Orlando, Florida.
- Process server delivered copies to Augusto De Santi at SBF’s trade show booth in the Orlando Convention Center on November 21, 2013.
- Defendant argues service failed because it did not target statutorily superior officers as required by Florida § 48.081.
- Court assess whether service complied with Florida’s service hierarchy and whether a valid service of process occurred, given the foreign defendant and location.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether service complied with Florida's service hierarchy | Zamperla contends service satisfied § 48.081 by contacting a responsible representative. | SBF argues service on De Santi did not follow the statutorily required superior officers. | Service inadequate; hierarchy not satisfied; quash granted. |
| Whether service at the Orlando trade show constitutes valid service on a foreign corporation | Service at a business event should count if authority is reasonably available. | Service failed to reach statutorily designated officers; not valid under Florida law. | Invalid under § 48.081; service quashed. |
| Whether the court should provide a new deadline for serving the foreign defendant | Rule 4(m) deadline is inapplicable to foreign service; defendant should be served. | Requests adherence to proper service procedures; no extendable window implied. | Court set July 11, 2014 as deadline to serve or obtain waiver. |
| Whether proof of service should be quashed and action dismissed for improper service | Return is regular on its face and entitled to presumption of validity. | Return is silent on statutorily prescribed officers; no presumption of validity. | Proof of service quashed; special appearance granted. |
Key Cases Cited
- Bank of Am., N.A. v. Bornstein, 39 So. 3d 500 (Fla. 4th DCA 2010) (absent strict compliance, no jurisdiction over defendant)
- Pardazi v. Cullman Med. Ctr., 896 F.2d 1313 (11th Cir. 1990) (service is a jurisdictional requirement for personal jurisdiction)
- Familia de Boom v. Arosa Mercantil, S.A., 629 F.2d 1134 (5th Cir. 1980) (burden to sustain validity of service to invoke long-arm jurisdiction)
- Polskie Linie Oceaniczne v. Seasafe Transport A/S, 795 F.2d 968 (11th Cir. 1986) (plaintiff must show attempt to serve superior officers before serving others)